Sterling Codifiers, Inc.

(1) Definition. "Amusement" as used in this section shall mean and include all public shows, theatricals, musicals, dances, concerts, movies, circuses, carnivals, exhibitions, arcades, pool or billiard halls, bowling alleys, video establishments, and similar places offering public entertainment for which an admission or use fee is charged. (Ord. 500, 4-28-1987)

(2) Licenses. It shall be unlawful to conduct or operate any amusement without having first secured a license. No such license shall be issued to any person who has been convicted of a felony or is not of good character and reputation in the community in which he resides. No license shall be issued to any corporation of which an officer or person owning more than five percent (5%) of the total stock in the corporation has been convicted of a felony or other offense involving moral turpitude or is not of good character and reputation in the community in which he resides. Application for such licenses shall be made to the village clerk on forms provided by the village clerk. The application shall set forth the names and addresses of the applicant or if a corporation, partnership or association, the principal officers and registered agents thereof and their addresses and the address of the premises where the amusement is to be held or maintained.

(3) Applications.

(a) An applicant for a permit for a billiard or pool hall, bowling alley, circus, carnival, movie theater or arcade shall state the following in writing, signed by the applicant, if an individual, or if a corporation by a duly authorized agent thereof, verified by oath or affidavit:

1. The name, age, and address of the applicant in the case of an individual; in the case of a copartnership, the persons entitled to share in the profits thereof; and, in the case of a corporation for profit, or a club, the date of incorporation, the state of incorporation, if a foreign corporation, whether or not it is authorized to do business in Illinois under the Illinois business corporation act, the objects for which it was organized, the names and addresses of the officers and directors, and if the majority and interest of the stock of such corporation is owned by one person or his nominees, the name and address of such person;

2. The citizenship of the applicant, his place of birth, and if a naturalized citizen, the time and place of his naturalization;

3. The length of time that said applicant has been in business of that character, or in the case of a corporation, the date on which its charter was issued;

4. The location and description of the premises or place of business which is to be operated under such permit;

5. A statement whether applicant has ever made similar application for a similar other permit on the same or other premises and the disposition of such application;

6. A statement that the applicant has never been convicted of a felony and is not disqualified to receive a permit by reason of any matter or thing contained in this chapter, laws of this state or the ordinances of this village;

7. Whether a previous permit by any state or subdivision thereof, or by the federal government has ever been revoked, and the reasons therefor.

(b) Further, no such permit shall be issued to:

1. A person who is not a citizen of the United States;

2. A person who has previously had a permit issued by the village or the state revoked for cause;

3. A person who, at the time of application for renewal of any permit issued under this division, would not be eligible for such permit upon a first application;

4. A copartnership, unless all of the members of such copartnership shall be qualified to obtain a permit;

5. A corporation, if any officer, manager or director thereof, or any stockholder or stockholders owning in the aggregate more than five percent (5%) of the stock of such corporation, would not be eligible to receive a permit under this division for any reason other than citizenship and residence within the political subdivision;

6. A corporation, unless it is incorporated in the state, or unless it is a foreign corporation which is qualified under the Illinois business corporation act to transact business in the state;

7. A person whose amusement place is to be conducted by a manager or agent, unless said manager or agent would also qualify for a license;

8. A person who does not own the premises for which a permit is sought, or does not have a lease thereon for the full period for which the permit is to be issued;

9. A person who has been convicted of a gambling offense as prescribed by 720 Illinois Compiled Statutes 5/28-3, the "criminal code of 1961", approved July 28, 1961, as heretofore or hereafter amended, or is prescribed by a statute replaced by any of the aforesaid statutory provisions;

10. A person to whom a federal gaming device stamp or federal wagering stamp has been issued by the federal government for the current tax period;

11. A copartnership to which a federal gaming device or a federal wagering stamp has been issued by the federal government for the current tax period, or if any of the partners has been issued a federal gaming device stamp or federal wagering stamp by the federal government for the current tax period;

12. A corporation, if any officer, manager, or director thereof, or any stockholder owning in the aggregate more than twenty percent (20%) of the stock of such corporation has been issued a federal gaming device stamp or a federal wagering stamp for the current tax period;

13. Any premises for which a federal gaming device stamp or a federal wagering stamp has been issued by the federal government for the current tax period.

(c) In the case of an arcade, both the person owning or leasing the premises and the owner of the machines must qualify for a permit.

(4) Special Use Permit. Unless excepted by article XII, section 4 of the village of Northfield zoning ordinance (appendix A to this code) or by subsection (5) of this section, no license for an establishment specified in section 11-13, subsection (1) of this article shall be issued by the village clerk without the applicant first having obtained a special use permit.

(5) Temporary Amusements. If any amusement is to be of a temporary nature, that is of a duration of less than fourteen (14) days, no special use permit shall be required. Application for such temporary amusement shall be made to the village manager who shall have the right to approve or disapprove the application. The village manager may require such information as is necessary to determine whether the applicant is of good character and reputation and whether the proposed temporary amusement would endanger in any manner the health, safety, and welfare of the residents of the village. The village manager shall consider, among other things, the extent to which vehicular and pedestrian traffic will be disrupted on account of the proposed temporary amusement. The applicant shall have a right to appeal the decision of the village manager to the corporate authorities of the village, provided that the application was made at least forty five (45) days in advance of the first date for which the license is sought. (1986 Code)

(6) Fee. The fee to be charged for a license to present or operate an amusement under this article shall be as prescribed in appendix D to this code. This fee shall not be applicable to a not-for-profit organization meeting the following requirements:

(a) The organization or a chapter of the organization has a bona fide physical presence at a street address within the corporate limits of the village; and

(b) The organization is qualified pursuant to section 501(C)3 or 501(C)4 of the U.S. internal revenue code. (Ord. 96-874, 4-22-1996)

(7) Breaches Of The Peace. It shall be unlawful to present any public amusement or show of any kind which tends to or is calculated to cause or promote any riot, breach of the peace, or public disturbance. The police department of the village shall have the authority to disband the audience for any amusement or the users of any amusement devices if a breach of the peace is threatened.

(8) Inspections. The chief of police and the chief of the fire prevention bureau or other designees of the village manager shall have the right to inspect every amusement to ensure compliance with all codes and regulations of the village.

(9) Trespass. Any person who is told to leave a licensed premises by the management and fails to do so shall be deemed to be trespassing on private property which is hereby prohibited and shall be subject to the penalties set forth in section 1-13 of this code. (1986 Code)

The costs of operation and maintenance of the city sewer system shall be distributed to all users of the wastewater system in proportion to each user's contribution to the total loading of the treatment works. Factors such as strength (BOD and TSS), volume and delivery flow rate characteristics shall be considered and included as the basis for the user's contribution to ensure a proportional distribution of operation and maintenance costs to each user or user class. (Ord. 12-08-09.35, 12-8-2009)

The city sewer superintendent, the district superintendent and other duly authorized employees of the city and district bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, testing and obtaining information pertinent to discharge to the city sewer system in accordance with the provisions of this article. (Ord. 12-08-09.35, 12-8-2009)

No person shall discharge or cause to be discharged any unpolluted waters, such as stormwater, surface water, groundwater, roof runoff, subsurface drainage or cooling water to any sewer, except stormwater runoff from limited areas, which stormwater may be polluted at times, may be discharged to the sanitary sewer by permission of the city sewer superintendent. (Ord. 12-08-09.35, 12-8-2009)

The following abbreviations shall have the designated meanings:

BOD	Biochemical oxygen demand
CFR	Code of federal regulations
COD	Chemical oxygen demand
EPA	Environmental protection agency
l	Liter
mg	Milligrams
mg/l	Milligrams per liter
NPDES	National pollutant discharge elimination system
POTW	Publicly owned treatment works
SIC	Standard industrial classification
SWDA	Solid waste disposal act, 42 USC 6901 et seq.
TSS	Total suspended solids
USC	United States Code

(Ord. 12-08-09.35, 12-8-2009)

In most instances, the city owns the sewer lines and collectors to which sanitary sewers are connected and the city discharges effluent from city lines and collectors into sewer outfall lines owned by the district. The city and the district have entered into a contractual agreement pursuant to which the district serves as the POTW treating all sewage collected in the city sewer lines and collectors and discharged into the district outfall lines. (Ord. 12-08-09.35, 12-8-2009)

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 city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage or other objectionable waste. (Ord. 12-08-09.35, 12-8-2009)

Where a public sanitary or combined sewer is not available under the provisions of section 9-4B-10 of this article, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this division, or other applicable city ordinances. (Ord. 12-08-09.35, 12-8-2009)

No unauthorized persons 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 city sewer superintendent. (Ord. 12-08-09.35, 12-8-2009)

The purposes of divisions 9 through 12 of this article are:

A. To establish uniform requirements for direct and indirect contributors into the wastewater collection and treatment systems owned and operated by the municipality and the district and to enable the district to comply with applicable state and federal laws and the general pretreatment regulations (40 CFR part 403).

B. To prevent the introduction of pollutants into the municipality's wastewater system which will:

1. Interfere with the operation of the municipality and district systems;

2. Cause the district treatment plant to violate its NPDES discharge permit;

3. Contaminate the sludge;

4. Pass through the systems, inadequately treated, into receiving waters or the atmosphere;

5. Pose a health threat to sewer workers; or

6. Be otherwise incompatible with the systems.

C. To improve the opportunity to recycle and reclaim wastewaters and sludges from the systems; and

D. To provide for equitable distribution of the cost of the wastewater system. (Ord. 12-08-09.35, 12-8-2009)

Any person found to be violating any provision of this article, except divisions 9 through 13 of this article, shall be served by the city with a 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 such notice, permanently cease all violations. (Ord. 12-08-09.35, 12-8-2009)

The district may establish an enforcement response plan to provide a system for enforcement of this article. That plan may include all of the remedies set forth in this article. The text of the plan shall be appendix D attached to the ordinance codified herein and on file in the city office, which plan may be amended from time to time by resolution. (Ord. 12-08-09.35, 12-8-2009; amd. 2015 Code)

A. The following industrial users are required to apply for a wastewater contribution permit:

1. Any significant industrial user;

2. Any user required by state pretreatment requirements to obtain a permit;

3. Any user providing pretreatment; and

4. Any other user directed by the POTW to apply for a permit.

B. Existing users required to obtain a permit by subsection A of this section must apply for a wastewater contribution permit within ninety (90) days of the effective date hereof.

C. New sources required to obtain a permit by subsection A of this section must apply for and receive a wastewater contribution permit prior to discharging pollutants into the POTW.

D. Any user not required to obtain a permit for existing discharges must apply for and receive a wastewater contribution permit prior to changing the user's discharge in such a manner that the resulting discharge would require a permit. (Ord. 12-08-09.35, 12-8-2009)

Within one hundred eighty (180) days of the effective date hereof, it shall be unlawful for a user subject to a national categorical pretreatment standard or other significant industrial user or any other user directed to apply for a permit by the district to discharge wastewater into the POTW except in accordance with the terms and conditions of a wastewater contribution permit. (Ord. 12-08-09.35, 12-8-2009)

A. The district may adopt charges and fees which may include:

1. Fees for reimbursement of costs of setting up and operating the district pretreatment program.

2. Fees for monitoring, inspection and surveillance procedures, including the cost of reviewing monitoring reports submitted by the industrial users.

3. Fees for reviewing accidental discharge procedures and construction.

4. Fees for permit applications, including the cost of processing such applications.

5. Fees for any hearings or for filing appeals.

6. Fees for consistent removal by the district of pollutants otherwise subject to federal pretreatment standards.

7. Other fees as the district may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this article and are separate from all other fees chargeable by the district.

B. There shall be a schedule, known as appendix C attached to the ordinance codified herein, setting forth a complete description of the charges assessed by the district as provided herein, which schedule may be amended from time to time by resolution. (Ord. 12-08-09.35, 12-8-2009)

"Cleaned" signifies the removal by scrubbing and washing with hot water, soap and washing soda, of organic matter on which and in which bacteria may find favorable conditions for prolonging life and virulence, and also the removal by the same means of bacteria adherent to surfaces. (Prior code § 34600)

This article may be cited as the CITY OF KIMBERLY SEWER REGULATIONS ORDINANCE. (Ord. 309 Art. 1, § 1, 1975)

When practical difficulties, unnecessary hardships, or results inconsistent with the general intent and purpose of this chapter, occur by reason of the strict and literal interpretation of any of its provisions, a zone variance may be granted in the manner hereinafter set forth in this article.

Minor building alterations and/or small expansions to existing facilities, which are proposed for the sole purpose of meeting the requirements of the Americans with disabilities act (ADA), shall be waived from a zone variance requirement. Specific instances may require a public hearing if it is determined by the community development director that the proposed building modifications involve more substantial work than mere compliance with ADA requirements. (1960 Code; amd. Ord. 93-751)

A. It shall be unlawful for any person to deposit or discharge, or to cause to be deposited or discharged, to any POTW, any solid, liquid or gaseous waste unless through a connection approved by the POTW.

B. It shall be unlawful to discharge wastewater, without an NPDES permit, to any natural outlet within the POTW or any area under its jurisdiction.

C. It shall be unlawful to discharge trucked or hauled pollutants to the POTW except at discharge points designated by the POTW as per 40 CFR 403.5 (b)(8). (Ord. 2005-10, 3-15-2005)

Pursuant to the requirements of title III of the clean water act amendments (33 USC 1311 et seq.) and regulations promulgated thereunder, the Illinois environmental protection act of 1970 as amended¹, and in accordance with Illinois municipal code², this article is hereby enacted by the board of trustees of the village of Fox Lake. The village of Fox Lake is hereafter referred to as the "publicly owned treatment works" or as the "POTW". (Ord. 2005-10, 3-15-2005)

A. Abbreviations: The following abbreviations shall have the designated meanings:

BMP:	Best management practices or best management program.
BMR:	Baseline monitoring report.
BOD₅:	Biochemical oxygen demand.
CFR:	Code of federal regulations.
COD:	Chemical oxygen demand.
EPA:	U.S. environmental protection agency.
FOG:	Fats, oils and grease.
IEPA:	Illinois environmental protection agency.
mg/l:	Milligrams per liter.
NCPS:	National categorical pretreatment standards.
NPDES:	National pollutant discharge elimination system.
NUA:	Nonuniform allocation.
POTW:	Publicly owned treatment works.
PSES:	Pretreatment standards for existing sources.
PSNS:	Pretreatment standards for new sources.
RCRA:	Resource conservation and recovery act.
SIC:	Standard industrial classification.
SSO:	Sanitary sewer overflow.
SWDA:	Solid waste disposal act (42 USC 6901 et seq.).
TDS:	Total dissolved solids.
TSS:	Total suspended solids.
TTO:	Total toxic organics.
USC:	United States Code.
USEPA:	United States environmental protection agency.

B. Definitions: The terms used in this article shall have the meanings as stated in section 7-3-1 of this chapter. (Ord. 2005-10, 3-15-2005)

No person shall use nor shall any property owner permit the use of any portion of any property zoned C-3 within the city, except for the following uses:

A. Principal uses:

Any uses permitted in C-2 zone.

Assaying.

Automobile repair garages (all operations to be conducted within an enclosed building), subject to conditional use permit requirements.

Bail and surety bond businesses (CUP required).

Bakeries, processing.

Boat and recreational vehicle sales:

Sales may be conducted in the open, except in required yard areas; and

Repairs, which must be conducted entirely within an enclosed building.

Bookbinding.

Building material.

Cleaning and dyeing establishments, wholesale or industrial.

Commercial storage of recreational vehicles and boats subject to the approval of a conditional use permit pursuant to section 9-1F-10 of this chapter provided the following standards are met:

1. That the total land area of the subject site shall be a minimum of twenty thousand (20,000) square feet and a maximum of fifty thousand (50,000) square feet. The commercial storage of recreational vehicles and boats shall only be permitted as an ancillary use to an already existing permitted or conditionally permitted commercial use.

2. That if the subject site which is contemplated for the commercial storage of recreational vehicles and boats is located within the Rosemead Boulevard project area of the community redevelopment agency, then said use shall only be conditionally permitted in "block E" of the Rosemead Boulevard project area, and shall be prohibited in all other blocks of the Rosemead Boulevard project area.

3. The area of the subject site designated for storage shall be screened from view of the public right of way by a six foot (6') high view obscuring fence or wall.

4. Access to the storage area on the site shall be controlled through a locking gate and access to the storage area shall only be permitted between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. and shall not occur during peak traffic hours.

5. The area of the subject site designated for storage shall be paved with asphalt, concrete, or equivalent nonpermeable surface.

6. No on site washing or repairs of the recreational vehicles and/or boats stored on a subject site shall occur.

7. The vehicles and/or trailers stored at an approved storage site shall be limited to the following: recreational vehicles (as defined in section 3-3A-50-2 of this code), boats, or jet skis.

Commercial swimming pools (if enclosed by view obscuring walls).

Emergency shelter (per section 9-1T-2-2 of this chapter).

Food commissaries.

"Fortune telling" as defined in section 4-8-10-1 of this code, provided every fortune telling business be separated from every other fortune teller and every adult business, as defined in ordinance 85-534, by at least one thousand feet (1,000').

Job printers.

Markets, wholesale or jobbers.

Mini-mall, subject to special development standards contained in section 9-1T-4 of this chapter and a conditional use permit.

Plumbing supply, outdoor storage permitted.

Secondhand goods (all goods displayed, sold and stored within an enclosed building).

Single room occupancy (SRO) building (subject to CUP approval and the provisions of section 9-1T-2-1 of this chapter).

Welding equipment and supplies; the distribution and storage of oxygen and acetylene in tanks of oxygen is stored in a room separate from acetylene, separated by not less than one hour fire resistant wall.

Wholesale businesses.

Any similar enterprises or businesses or other enterprises or businesses which the planning commission finds are not more obnoxious or detrimental to the public welfare than the enterprises enumerated in this section.

B. Accessory uses:

Accessory buildings and structures. (1960 Code; amd. Ord. 75-408; Ord. 85-578; Ord. 91-688; Ord. 08-922; Ord. 10-931; Ord. 13-972)

No person shall use, nor shall any property owner permit the use of any property in a C-2 zone for any use, except for the following uses when conducted solely as retail, professional or service establishments:

A. Principal uses:

Any use permitted in the C-1 zone.

Addressograph services.

Ambulance service.

Appliances, household (repairs permitted).

Auditoriums.

Automobile rental.

Automobile repair garages (all operations to be conducted within an enclosed building) subject to CUP requirements.

Automobile sales provided the minimum lot size shall be two-thirds (²/₃) of an acre, subject to an administrative CUP.

Automobile supply stores (retail sales of new and rebuilt parts only).

Awning shops, canvas goods, sales and service (within an enclosed building).

Barbershops, beauty parlors, beauty salons, hair salons.

Blueprint and photography.

Boat and recreational vehicle sales:

Sales may be conducted in the open, except in required yard areas; and

Repairs, which must be conducted entirely within an enclosed building.

Bowling alley, billiard parlor and similar recreational uses (CUP required).

Burial caskets.

Business and professional offices.

Business colleges, dance academies, music instructions and other commercial schools.

Day spas (facials, waxing, skin treatments, and similar services not including massage).

Dress and millinery shops.

Dry cleaners, retail.

Dry cleaning establishments, including coin operated machine (household service).

Electrical distribution and communication equipment, enclosed within a building.

Electrical supply.

Food markets.

Frozen food lockers.

Furniture repair and upholstery.

Glass studios, staining, edging, beveling and silvering in connection with the sale of mirrors and glass for decorating purposes.

Gymnasiums and health clubs (CUP required).

Hearing aides retail sales.

Heating and air conditioning sales and offices.

Household appliance stores (repairs incidental to primary use permitted).

Ice cream parlors (processing permitted for sale on premises only).

Instant printing.

Insurance agents and/or brokers.

Investment securities and stock brokerage firms.

Janitorial supplies.

Job printers not to exceed two thousand five hundred (2,500) square feet of gross leasable area.

Lapidary shops (within an enclosed building).

Laundromats.

Massage businesses or establishments (CUP required and subject to section 9-1T-9 of this chapter).

Medical and dental laboratories.

Medical and dental offices, clinics, and similar uses.

Mini-mall, subject to special development standards contained in section 9-1T-4 of this chapter and a conditional use permit.

Mopeds and go-carts.

Mortuaries and funeral homes.

Movie theaters (CUP required).

Music stores (music instructions permitted).

Nail salons.

Newspaper distributors or business offices.

Nurseries and garden supplies.

Optical establishments, including the sale of lenses and frames and the grinding and mounting of lenses.

Parking lots, commercial, provided that where such parking lots are not enclosed within a building, and where such facilities abut properties zoned for residential purposes, there shall be erected a six foot (6') high view obscuring masonry wall adjacent to the property line between the parking lot and residential property.

Pest control and exterminators, retail sales and office, but no storage of pest control or exterminating contractor vehicles, equipment, or storage of bulk chemicals or pesticides.

Pet shops.

Photograph studios.

Plumbing supplies (within an enclosed building).

Public utility, business office.

Radio and TV stores (retail sales and repairs).

Reducing salons, baths, and physiotherapy facilities.

Restaurants (subject to CUP requirements, if any).

Shoe repair shop.

Shoe stores.

Shopping centers requiring a CUP under any other provision of this code.

Sickroom supplies, retail sales.

Signs, show cards, and posters, retail sales (including the on premises painting or preparation of such signs, provided that such operations do not involve electrical components nor comprise greater than 50 percent of the gross floor area of the business, or 500 square feet, whichever is less).

Sporting goods stores.

Swimming pool supply stores.

Tailor shops.

Taxi service.

Taxidermists.

Telephone exchanges.

Tobacco stores.

Toy stores.

Trading stamp redemption centers and catalog stores.

Travel bureaus.

Upholstery fabrics and supplies, retail sales.

Other uses involving retail sales as the planning commission and city council may deem to be similar and not more obnoxious or detrimental to the public health, safety and welfare.

B. Accessory uses: The following uses shall be permitted as an incidental use:

Accessory buildings and structures.

Massage therapy as defined in section 5-2E-1 of this code, subject to complying with all provisions of title 5, chapter 2, article E of this code and the following requirements:

1. The massage therapy is incidental to a medical office, state licensed hospital, nursing home, or state licensed physical or mental health facility where the massage therapy is provided exclusively by physicians, surgeons, chiropractors, osteopaths, naturopaths, podiatrists, acupuncturists, physical therapists, registered nurses or vocational nurses duly licensed to practice their respective profession in the state.

or

2. The massage therapy is incidental to a barbershop, beauty parlor, beauty salon, hair salon, day spa, or nail salon where the massage therapy is provided exclusively by barbers, cosmetologists, estheticians, or manicurists licensed to practice their respective profession under the laws of the state while performing activities within the scope of their license, provided that such massage is limited solely to the neck, face, scalp, feet, hands, arms, and lower limbs up to the knees of their patrons.

Permanent makeup services, subject to the following requirements:

1. The permanent makeup service shall be incidental to one or more of the following permitted uses: barbershops, beauty parlors, beauty salons, hair salons; day spas; nail salons.

2. Permanent makeup shall be limited to the application of eyeliner, eyebrows, eye shadow, lip liner, and lip color.

3. The application of permanent makeup shall not be performed on persons under the age of eighteen (18) without the consent of said minor's parent or guardian. (1960 Code; amd. Ord. 76-439; Ord. 79-489; Ord. 81-509; Ord. 82-523; Ord. 83-533; Ord. 86-596; Ord. 91-688; Ord. 95-776; Ord. 06-911; Ord. 06-912; Ord. 16-1010)

No person shall use, nor shall any property owner permit the use of an R-3 zoned lot for any use, other than the following:

A. Principal uses:

1. One (1) preexisting single-family residential dwelling unit, if the following conditions exist:

a. That such single-family residential structure, together with all accessory uses, was constructed in conformity with the zoning regulations in effect at the time of such construction; and

b. That no other uses exist upon the premises than those permitted by the regulations applicable to R-1 zoned property as set forth herein; provided that subsection A1a of this section shall not be construed to prohibit the construction of any accessory building or structure, or the reconstruction of any existing building or structure if the same complies with the existing zoning regulations applicable to Zone R-1 as set forth herein.

2. Single-family dwellings shall be permitted, provided:

a. That for such use the regulations contained in part 1, "Zone R-1", of this article shall apply to the exclusion of the regulations hereinafter set forth; and

b. That when an R-3 zoned lot is improved with an R-1 use after September 15, 1989, no other uses shall be permitted thereon. Prior to the issuance of a building permit for a single-family (R-1) use to be built to applicable R-1 development standards, a deed restriction, covenant or comparable legal instrument, approved as to form by the City Attorney, shall be recorded with the County Recorder's Office including all pertinent restrictions and limitations so as to assure the continued use of the property for R-1 purposes.

c. Accessory dwelling units are permitted as set forth in section 9-1T-10 of this chapter.

3. Preexisting multiple units.

4. New or reconstructed multiple dwelling units, if the following conditions exist:

a. Such lot or parcel has a lot width of at least fifty feet (50').

b. The abutting public street has been dedicated to a width of at least thirty feet (30') from centerline abutting such lot or parcel; and

c. Such public street has been improved by standard street construction to a width of at least twenty feet (20') from centerline abutting such lot or parcel-street improvements to include pavement, curb, gutter, sidewalk, utilities, drainage and lighting.

5. Community care facility/small.

6. Supportive housing.

7. Transitional housing. (1960 Code; amd. Ord. 89-654; Ord. 03-888; Ord. 13-972; Ord. 17-1022)

B. Accessory uses:

Accessory buildings or structures.

Animals:

1. The maximum number of household pets over four (4) months of age shall not exceed the limitations set forth below; "household pet" shall mean any domesticated animal commonly maintained in residence with man, but not including any animal which is capable of and inclined to, inflict harm or discomfort to or upon any persons; and

a. If there is only one (1) residential dwelling unit on said lot, then the limitation shall be three (3) such household pets, and if there are two (2) such units on said lot, then the limitation shall be two (2) household pets per unit, and if there are three (3) or more such units on said lot, then the limitation shall be one household pet per unit.

2. Not more than two (2) rabbits or chickens (excluding roosters) or ducks over three (3) months of age; and

3. Except as otherwise provided, compliance shall be had with the provisions of this use within a period of sixty (60) days from and after the effective date hereof; and

4. Nothing contained in this use shall prevent the keeping of animals or fowl by a tax supported eleemosynary or public educational institution, which are utilized as a part of such institution's curriculum; and

5. All the regulations herein shall be subject to the general nuisance ordinances of the city and it shall be unlawful for any person to maintain any animal which constitutes a public nuisance.

Daycare home, large family, subject to guidelines as contained in section 9-1T-6 of this chapter.

Daycare home, small family.

Home occupation, subject to the limitations contained in section 9-1A-9, "Definitions", of this chapter.

Off street parking spaces, accessory to principal R-3 uses.

Open spaces.

Storage of building materials during the construction of any building or part thereof, and for a period thirty (30) days after construction is completed. (1960 Code; amd. Ord. 92-717; Ord. 94-762; Ord. 90-679)

No person shall use, nor shall any property owner permit the use of any property located in any R-2 zone for any use, other than the following:

A. Principal uses:

Community care facility/small.

Modular homes shall not be permitted in the R-2 zone district.

Multiple-family dwelling units shall be permitted as long as a minimum of three thousand six hundred (3,600) square feet of lot area is available per dwelling unit.

Single-family detached dwelling units or two-family (duplex type) structures at a ratio not to exceed one dwelling unit for each three thousand six hundred (3,600) square feet of lot area provided that any multiple-family residential project with more than four (4) dwelling units shall consist solely of detached, as opposed to attached, dwelling units, except for R-2 zoned parcels with street frontage on Rosemead Boulevard.

Single-family dwellings shall be permitted, provided:

1. That for such use the regulations contained in part 1, "Zone R-1", of this article shall apply to the exclusion of the regulations hereinafter set forth; and

2. That when an R-2 zoned lot is improved with an R-1 use, after September 15, 1989, no other uses shall be permitted thereon. Prior to issuance of a building permit for a single-family (R-1) use to be built to applicable R-1 development standards, a deed restriction, covenant or comparable legal instrument, approved as to form by the City Attorney, shall be recorded with the County Recorder's Office indicating all pertinent restrictions and limitations so as to assure the continued use of the property for R-1 purposes.

3. Accessory dwelling units are permitted as set forth in section 9-1T-10 of this chapter.

Supportive housing.

Transitional housing. (1960 Code; amd. Ord. 89-654; Ord. 92-722; Ord. 98-818; Ord. 03-888; Ord. 13-972; Ord. 17-1022)

B. Accessory uses:

Accessory buildings or structures.

Animals:

a. If there is only one residential dwelling unit on said lot, then the limitation shall be three (3) such household pets, and if there are two (2) such units on said lot, then the limitation shall be two (2) household pets per unit, and if there are three (3) or more such units on said lot, then the limitation shall be one household pet per unit.

2. Not more than two (2) rabbits or chickens (excluding roosters) or ducks over three (3) months of age; and

3. Except as otherwise provided, compliance shall be had with the provisions of this use within a period of sixty (60) days from and after the effective date hereof; and

Daycare home, large family, subject to guidelines as contained in section 9-1T-6 of this chapter.

Daycare home, small family.

Home occupation, subject to limitations contained in section 9-1A-9, "Definitions", of this chapter.

Off street parking spaces, accessory for principal R-2 uses.

Open spaces.

Renting of not more than two (2) rooms to not more than four (4) roomers, or the providing of table board to not more than four (4) such persons or any combination thereof in any residence; provided that there shall be required an additional off street parking space for each such roomer.

Storage of building materials during the construction of any building or part thereof, and for a period of thirty (30) days after construction is completed. (1960 Code; amd. Ord. 90-679; Ord. 92-717; Ord. 94-762)

In order to provide for the development of residential areas within the City, or varying population density, the following regulations shall be applicable to all properties zoned R-1, R-2 and R-3 as hereinafter indicated. (1960 Code)

A. That certain traffic code entitled "vehicles and traffic" and codified as title 15 of the Los Angeles County code, enacted and in effect as of December 1, 1983, three (3) copies of which are on file in the office of the city clerk, is hereby adopted by reference and shall be known as the traffic code of the city of Temple City.

B. There shall be deleted from said adopted traffic code, the following:

1. Chapter 15.84 which is hereby readopted as sections 3-3B-0 and 3-3B-1 of the Temple City municipal code.

2. Chapters 15.88, 15.92, 15.96 and 15.100.

3. To the extent that any of the following sections of former county ordinance 6544 are repeated in title 15, the same are deleted: 2103, 2501, 2502, 3204, 3211, 3211.1, 3212, 3212.1, 3212.2, 3213 and 5006 and chapters VI, VIII, IX, X and XI. (1960 Code; amd. Ord. 83-545)

Whenever any resolution of this city designates and describes any street or portion thereof as a street the use of which is permitted by any vehicle exceeding a maximum gross weight limit of three (3) tons, the city traffic engineer is hereby authorized to designate such street or streets by appropriate signs such as "Truck Routes" or "Weight Limit Streets" for the movement of vehicles exceeding a maximum gross weight limit of three (3) tons. (1960 Code)

No person shall stop, stand or park a vehicle, all forms of cycles and motorized scooters, and bicycles including similar devices moved exclusively by human power, on any street or in any city or community redevelopment agency owned parking lot between the hours of two o'clock (2:00) A.M. and five o'clock (5:00) A.M. of any day, except as expressly provided in this part. (Ord. 10-938)

Except as hereinafter provided, that certain bicycle licensing ordinance known and designated as ordinance 3027 of the county of Los Angeles, including all amendments and supplements enacted and in effect on or before December 31, 1974, shall be and is hereby adopted. (1960 Code, as amended)

"Block", as used in this article, means property facing one side of any street between the next intersecting streets or between the terminus of a dedicated right of way of a street and an intersecting street. (1960 Code, as amended)

A. Findings: The city council finds and declares as follows:

1. Section VII of article XI of the California constitution provides that a city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.

2. California Government Code section 38771 provides that legislative bodies of cities may declare what constitutes a nuisance.

3. California Government Code section 38772 et seq., further provides that legislative bodies of cities may also provide for the summary abatement of any nuisance at the expense of the persons creating, causing, committing, or maintaining it, and by ordinance may make the expense of abatement of nuisances a lien against the property on which the nuisance is maintained and a personal obligation against the property owner.

4. Nuisance conditions are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction or interference with the comfortable enjoyment of adjacent properties or premises (both public and private), and/or are hazardous or injurious to the health, safety, or welfare of the general public.

B. Purpose And Intent: The purpose and intent of this article are as follows:

1. To define as public nuisances and violations those conditions and uses of land that are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction or interference with the comfortable enjoyment of adjacent properties or premises (both public and private), and/or are hazardous or injurious to the health, safety, or welfare of the general public.

2. To develop regulations that will promote the sound maintenance of property and enhance conditions of appearance, habitability, occupancy, use and safety of all structures and premises in the city.

3. To establish administrative procedures for the city's use, upon its election, to correct or abate violations of this article on real property throughout the city.

4. This article is not intended to be applied, construed or given effect in a manner that imposes upon the city, or upon any officer or employee thereof, any duty toward persons or property within the city or outside of the city that creates a basis for civil liability for damages, except as otherwise imposed by law. (Ord. 11-950)

All conditions or uses that constitute a "public nuisance" as defined in part 1 of this article, or that are contrary to, or in violation of, any other provision or requirement of this Code, or of any applicable County or State law, or regulation thereof, which shall also constitute a public nuisance, shall be abated by repair, rehabilitation, demolition, removal or termination. The procedures for abatement in this part shall not be exclusive and shall not, in any manner, limit or restrict the City from pursuing any other remedies available at law, whether civil, equitable or criminal, or from enforcing City codes and adopted ordinances, or from abating or causing abatement of public nuisances, in any other manner provided by law. (Ord. 11-950)

A. Notwithstanding any provision of this code to the contrary, if the city determines that any property, building or structure, or any part thereof, is in violation of any provision of this code and said violation has not been fully abated or corrected, as determined by the city, in the manner and time provided in any written notice to a responsible person, then the city, in its sole discretion, may record a declaration of substandard property with the Los Angeles County recorder's office against said premises. As used herein, "fully abated or corrected" includes the procurement of all required city approvals, permits, licenses and the passage of all city required inspections.

B. A declaration of substandard property shall not be recorded unless the city has first issued a written notice (in any form) to the owner of real property: 1) identifying and requiring correction of a public nuisance condition; and 2) disclosing that a declaration of substandard property may be recorded against the real property if the public nuisance condition(s) is/are not fully abated or corrected in the manner and time delineated in said notice, as determined by the city.

1. If the notice required pursuant to this subsection B was comprised of a "notice of abatement" as defined in this article or of an administrative citation issued pursuant to title 1, chapter 4 of this code, a declaration of substandard property shall not be recorded unless the notice of abatement and/or administrative citation is deemed a final and binding city decision.

C. The form that constitutes a declaration of substandard property shall be approved by the city attorney or the city prosecutor.

D. The city shall record a notice of rescission of declaration of substandard property with the Los Angeles County recorder's office within ten (10) business days of its determination that a violation or a public nuisance has been fully abated or corrected.

E. The city shall cause copies of recorded declarations of substandard property and notices of rescission of declaration of substandard property to be served on all persons having an ownership interest in the subject real property as shown in the last equalized assessment roll of the Los Angeles County assessor's office. Service thereof shall be by first class mail. Failure of any person to receive such notices shall not invalidate any action or proceeding pursuant to this article. (Ord. 11-950)

A. Purpose Of Site Plan Review Process: A site plan review is a discretionary land use permit that is required for all proposed land uses that involve construction. The purpose of the site plan review process is to:

1. Ensure that construction occurs in a manner consistent with the overall goals and objectives of the general plan and the zoning code;

2. Ensure that all construction is consistent with the development standards contained in the zoning code;

3. Ensure that the proposed architectural design and treatment of construction is consistent with the design guidelines contained in the zoning code;

4. Ensure that the proposed architectural design and treatment of construction is designed to minimize adverse aesthetic and environmental impacts on the site and its surroundings, and are compatible with its surroundings;

5. Ensure that the site design and layout is consistent with all parking standards as well as requirements for vehicular and pedestrian safety, ingress, and egress;

6. Allow all city departments the opportunity to review new development proposals and place reasonable conditions to ensure that the public health, safety and welfare are maintained.

B. Construction Defined: For the purpose of this part, the term "construction" shall mean any and all of the following:

1. Construction, expansion or renovation of any new or existing residential, commercial, industrial or institutional uses or structures.

2. Construction, expansion or renovation of any new or existing additions, buildings, other accessory structures, landscaping, grading, open space, signs or similar constructions.

3. Site design and layout. (Ord. 13-980)

The following words or phrases shall have the following meanings when used in this part:

ALTERNATIVE TRANSPORTATION: The use of modes of transportation other than a single passenger motor vehicle, including, but not limited to, car pools, vanpools, bus pools, public transit, walking and bicycling.

APPLICABLE DEVELOPMENT: Any development project that is determined to meet or exceed the project size threshold criteria contained in section 9-1E-23 of this part.

BUS POOL: A vehicle carrying sixteen (16) or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA): A statute that requires all jurisdictions in the State of California to evaluate the extent of environmental degradation posed by proposed development.

CAR POOL: A vehicle carrying two (2) to six (6) persons commuting together to and from work on a regular basis.

DEVELOPER: The builder who is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing the provisions of this chapter as determined by the property owner.

DEVELOPMENT: The construction or addition of new building square footage. Additions to buildings which existed prior to the adoption of this chapter and which exceed the thresholds defined in section 9-1E-23 of this part shall comply with the applicable requirements but shall not be added cumulatively with existing square footage; existing square footage shall be exempt from these requirements. All calculations shall be based on gross square footage.

EMPLOYEE PARKING AREA: The portion of total required parking at a development used by on site employees. Unless specified in the City/County/Zoning/Building Code, employee parking shall be calculated as follows:

Type Of Use	Percent Of Total Required Parking Devoted To Employees

Commercial	30 percent
Office/professional	85 percent
Industrial/manufacturing	90 percent

PREFERENTIAL PARKING: Parking spaces designated or assigned, through use of a sign or painted space markings for car pool or vanpool vehicles carrying commuter passengers on a regular basis that are provided in a location more convenient to a place of employment than parking spaces provided for single occupant vehicles.

PROPERTY OWNER: The legal owner of a development who serves as the lessor to a tenant. The property owner shall be responsible for complying with the provisions of the ordinance either directly or by delegating such responsibility as appropriate to a tenant and/or his agent.

SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD): The regional authority appointed by the California state legislature to meet federal standards and otherwise improve air quality in the south coast air basin (the nondesert portions of Los Angeles, Orange, Riverside and San Bernardino Counties).

TENANT: The lessee of facility space at an applicable development project.

TRANSPORTATION DEMAND MANAGEMENT (TDM): The alternation of travel behavior through programs of incentives, services and policies. TDM addresses alternatives to single occupant vehicles such as car pooling and vanpooling and changes in work schedules that move trips out of the peak period or eliminate them altogether (as is the case in telecommuting or compressed work weeks).

TRIP REDUCTION: Reduction in the number of work related trips made by single occupant vehicles.

VANPOOL: A vehicle(s) carrying seven (7) or more persons commuting together to and from work on a regular basis, usually in a vehicle with a seating arrangement designed to carry seven (7) to fifteen (15) adult passengers and on a prepaid subscription basis.

VEHICLE: Any motorized form of transportation, including, but not limited to, automobiles, vans, buses and motorcycles. (1960 Code)

If the definition of any term contained in this chapter conflicts with the definition of the same term in order no. R4-2012-0175, then the definition contained in order no. R4-2012-0175 shall govern.

AUTOMOTIVE SERVICE FACILITY: A facility that is categorized in any one of the following standard industrial classification (SIC) and North American industry classification system (NAICS) codes. For inspection purposes, permittees need not inspect facilities with SIC codes 5013, 5014, 5511, 5541, 7532-7534, and 7536-7539 provided that these facilities have no outside activities or materials that may be exposed to stormwater (order no. R4-2012-0175).

BASIN PLAN: The water quality control plan, Los Angeles region, "Basin Plan For The Coastal Watersheds Of Los Angeles And Ventura Counties", adopted by the regional water board on June 13, 1994, and subsequent amendments (order no. R4-2012-0175).

BEST MANAGEMENT PRACTICE (BMP): Practices or physical devices or systems designed to prevent or reduce pollutant loading from stormwater or nonstormwater discharges to receiving waters, or designed to reduce the volume of stormwater or nonstormwater discharged to the receiving water (order no. R4-2012-0175).

BIOFILTRATION: An LID BMP that reduces stormwater pollutant discharges by intercepting rainfall on vegetative canopy, and through incidental infiltration and/or evapotranspiration, and filtration. Incidental infiltration is an important factor in achieving the required pollutant load reduction. Therefore, the term "biofiltration" as used in this part is defined to include only systems designed to facilitate incidental infiltration or achieve the equivalent pollutant reduction as biofiltration BMPs with an underdrain (subject to approval by the regional board's executive officer). Biofiltration BMPs include bioretention systems with an underdrain and bioswales (order no. R4-2012-0175).

BIORETENTION: An LID BMP that reduces stormwater runoff by intercepting rainfall on vegetative canopy, and through evapotranspiration and infiltration. The bioretention system typically includes a minimum two foot (2') top layer of a specified soil and compost mixture underlain by a gravel filled temporary storage pit dug into the in situ soil. As defined in this part, a bioretention BMP may be designed with an overflow drain, but may not include an underdrain. When a bioretention BMP is designed or constructed with an underdrain it is regulated by order no. R4-2012-0175 as biofiltration (order no. R4-2012-0175).

BIOSWALE: An LID BMP consisting of a shallow channel lined with grass or other dense, low growing vegetation. Bioswales are designed to collect stormwater runoff and to achieve a uniform sheet flow through the dense vegetation for a period of several minutes (order no. R4-2012-0175).

CLEAN WATER ACT (CWA): The federal water pollution control act enacted in 1972, by public law 92-500, and amended by the water quality act of 1987. The clean water act prohibits the discharge of pollutants to waters of the United States unless the discharge is in accordance with an NPDES permit.

COMMERCIAL DEVELOPMENT: Any development on private land that is not heavy industrial or residential. The category includes, but is not limited to: hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, car wash facilities; mini-malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes (order no. R4-2012-0175).

COMMERCIAL MALLS: Any development on private land comprised of one or more buildings forming a complex of stores which sells various merchandise, with interconnecting walkways enabling visitors to easily walk from store to store, along with parking area(s). A commercial mall includes, but is not limited to: mini-malls, strip malls, other retail complexes, and enclosed shopping malls or shopping centers (order no. R4-2012-0175).

CONSTRUCTION ACTIVITY: Any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that results in land disturbance. Construction does not include emergency construction activities required to immediately protect public health and safety or routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, maintain the original line and grade, hydraulic capacity, or original purposes of the facility. See "routine maintenance" definition for further explanation. Where clearing, grading or excavating of underlying soil takes place during a repaving operation, state general construction permit coverage by the state of California general permit for storm water discharges associated with industrial activities or for stormwater discharges associated with construction activities is required if more than one acre is disturbed or the activities are part of a larger plan (order no. R4-2012-0175).

CONTROL: To minimize, reduce or eliminate by technological, legal, contractual, or other means, the discharge of pollutants from an activity or activities (order no. R4-2012-0175).

DEVELOPMENT: Construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single-family, multi-unit or planned unit development); industrial, commercial, retail, and other nonresidential projects, including public agency projects; or mass grading for future construction. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety (order no. R4-2012-0175).

DIRECTLY ADJACENT: Situated within two hundred feet (200') of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area (order no. R4-2012-0175).

DISCHARGE: Any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semisolid, or solid substance.

DISTURBED AREA: An area that is altered as a result of clearing, grading, and/or excavation (order no. R4-2012-0175).

FLOW THROUGH TREATMENT BMPs: A modular, vault type "high flow biotreatment" devices contained within an impervious vault with an underdrain or designed with an impervious liner and an underdrain (order no. R4-2012-0175).

FULL CAPTURE SYSTEM: Any single device or series of devices, certified by the executive officer, that traps all particles retained by a five millimeter (5 mm) mesh screen and has a design treatment capacity of not less than the peak flow rate Q resulting from a 1-year, 1-hour storm in the subdrainage area (order no. R4-2012-0175).

GENERAL CONSTRUCTION ACTIVITIES STORM WATER PERMIT (GCASP): The general NPDES permit adopted by the state board which authorizes the discharge of stormwater from construction activities under certain conditions (order no. R4-2012-0175).

GENERAL INDUSTRIAL ACTIVITIES STORM WATER PERMIT (GIASP): The general NPDES permit adopted by the state board which authorizes the discharge of stormwater from certain industrial activities under certain conditions (order no. R4-2012-0175).

GREEN ROOF: An LID BMP using planter boxes and vegetation to intercept rainfall on the roof surface. Rainfall is intercepted by vegetation leaves and through evapotranspiration. Green roofs may be designed as either a bioretention BMP or as a biofiltration BMP. To receive credit as a bioretention BMP, the green roof system planting medium shall be of sufficient depth to provide capacity within the pore space volume to contain the design storm depth and may not be designed or constructed with an underdrain (order no. R4-2012-0175).

HILLSIDE: A property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty five percent (25%) or greater and where grading contemplates cut or fill slopes (order no. R4-2012-0175).

INDUSTRIAL/COMMERCIAL FACILITY: Any facility involved and/or used in the production, manufacture, storage, transportation, distribution, exchange or sale of goods and/or commodities, and any facility involved and/or used in providing professional and nonprofessional services. This category of facilities includes, but is not limited to, any facility defined by either the standard industrial classifications (SIC) or the North American industry classification system (NAICS). Facility ownership (federal, state, municipal, private) and profit motive of the facility are not factors in this definition (order no. R4-2012-0175).

INDUSTRIAL PARK: Land development that is set aside for industrial development. Industrial parks are usually located close to transport facilities, especially where more than one transport modalities coincide: highways, railroads, airports, and navigable rivers. It includes office parks, which have offices and light industry (order no. R4-2012-0175).

INFILTRATION BMP: An LID BMP that reduces stormwater runoff by capturing and infiltrating the runoff into in situ soils or amended on site soils. Examples of infiltration BMPs include infiltration basins, dry wells, and pervious pavement (order no. R4-2012-0175).

LOW IMPACT DEVELOPMENT (LID): Consists of building and landscape features designed to retain or filter stormwater runoff (order no. R4-2012-0175).

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):

A. Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States;

B. Designed or used for collecting or conveying stormwater;

C. Which is not a combined sewer; and

D. Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR section 122.2 (40 CFR section 122.26(b)(8)) (order no. R4-2012-0175).

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES): The national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA section 307, 402, 318, and 405. The term includes an "approved program" (order no. R4-2012-0175).

NATURAL DRAINAGE SYSTEM: A drainage system that has not been improved (e.g., channelized or armored). The clearing or dredging of a natural drainage system does not cause the system to be classified as an improved drainage system (order no. R4-2012-0175).

NEW DEVELOPMENT: Land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision (order no. R4-2012-0175).

NONSTORMWATER DISCHARGE: Any discharge to a municipal storm drain system that is not composed entirely of stormwater (order no. R4-2012-0175).

OUTFALL: A point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two (2) municipal separate storm sewers, or pipes, tunnels or other conveyances with connect segments of the same stream or other waters of the United States and are used to convey waters of the United States (40 CFR section 122.26(b)(9)) (order no. R4-2012-0175).

PARKING LOT: Land area or facility for the parking or storage of motor vehicles used for businesses, commerce, industry, or personal use, with a lot size of five thousand (5,000) square feet or more of surface area, or with twenty five (25) or more parking spaces (order no. R4-2012-0175).

POLLUTANT: Any "pollutant" defined in section 502(6) of the federal clean water act or incorporated into the California Water Code section 13373 (order no. R4-2012-0175).

PROJECT: All development, redevelopment, and land disturbing activities. The term is not limited to "project" as defined under CEQA³ (order no. R4-2012-0175).

RAINFALL HARVEST AND USE: An LID BMP system designed to capture runoff, typically from a roof but can also include runoff capture from elsewhere within the site, and to provide for temporary storage until the harvested water can be used for irrigation or nonpotable uses. The harvested water may also be used for potable water uses if the system includes disinfection treatment and is approved for such use by the local building department (order no. R4-2012-0175).

RECEIVING WATER: "Water of the United States" into which waste and/or pollutants are or may be discharged (order no. R4-2012-0175).

REDEVELOPMENT: Land disturbing activity that results in the creation, addition, or replacement of five thousand (5,000) square feet or more of impervious surface area on an already developed site. Redevelopment includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of routine maintenance activity; and land disturbing activity related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety (order no. R4-2012-0175).

REGIONAL BOARD: The California regional water quality control board, Los Angeles region.

RESTAURANT: A facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812) (order no. R4-2012-0175).

RETAIL GASOLINE OUTLET: Any facility engaged in selling gasoline and lubricating oils (order no. R4-2012-0175).

ROUTINE MAINTENANCE: Includes, but is not limited to, projects conducted to:

A. Maintain the original line and grade, hydraulic capacity, or original purpose of the facility.

B. Perform as needed restoration work to preserve the original design grade, integrity and hydraulic capacity of flood control facilities.

C. Includes road shoulder work, regrading dirt or gravel roadways and shoulders and performing ditch cleanouts.

D. Update existing lines and facilities to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity. Updating existing lines includes replacing existing lines with new materials or pipes.

E. Repair leaks.

Routine maintenance does not include construction of new lines or facilities resulting from compliance with applicable codes, standards and regulations. New lines are those that are not associated with existing facilities and are not part of a project to update or replace existing lines (order no. R4-2012-0175).

SIGNIFICANT ECOLOGICAL AREAS (SEAs): An area that is determined to possess an example of biotic resources that cumulatively represent biological diversity, for the purposes of protecting biotic diversity, as part of the Los Angeles County general plan. Areas are designated as SEAs, if they possess one or more of the following criteria:

A. The habitat of rare, endangered, and threatened plant and animal species.

B. Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind, or are restricted in distribution on a regional basis.

C. Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind or are restricted in distribution in Los Angeles County.

D. Habitat that at some point in the life cycle of a species or group of species, serves as a concentrated breeding, feeding, resting, migrating grounds and is limited in availability either regionally or within Los Angeles County.

E. Biotic resources that are of scientific interest because they are either an extreme in physical/geographical limitations, or represent an unusual variation in a population or community.

F. Areas important as game species habitat or as fisheries.

G. Areas that would provide for the preservation of relatively undisturbed examples of natural biotic communities in Los Angeles County.

H. Special areas (order no. R4-2012-0175).

SITE: Land or water area where any "facility or activity" is physically located or conducted, including adjacent land used in connection with the facility or activity (order no. R4-2012-0175).

STORM DRAIN SYSTEM: Any facility or any parts of the facility, including streets, gutters, conduits, natural or artificial drains, channels and watercourses that are used for the purpose of collecting, storing, transporting or disposing of stormwater and are located within the city.

STORM WATER OR STORMWATER: Runoff and drainage related to precipitation events (pursuant to 40 CFR section 122.26(b)(13); 55 fed. reg. 47990, 47995 (November 16, 1990)).

URBAN RUNOFF: Surface water flow produced by storm and nonstorm events. Nonstorm events include flow from residential, commercial or industrial activities involving the use of potable and nonpotable water. (Ord. 13-979)

All water furnished by the City to consumers shall be measured through a three-quarter inch (³/₄") or one inch (1") meter furnished by the City. A meter larger than one inch (1") will be supplied by the City but the cost of said meter will be billed to the consumer. The meter shall be installed pursuant to City specifications under the supervision of the Superintendent of Public Works or designee, and each parcel of property shall be served by its own service line and meter. No connection with the water system shall be made by extending the service line from one property to another property. Meter, as referred to in this article, shall include a dual check valve backflow prevention device for residential taps in accordance with the Wyoming Department of Environmental Quality (WDEQ) chapter 12 regulations. All commercial and industrial users shall install at their expense such cross connection protection device as required by the Department of Environmental Quality and specified by the City. In cases where service lines were extended from one property to a different property prior to adoption of this section, the continued use of such extension shall be permitted until replacement is necessary, or a parcel of property has delinquent water charges and service is to be disconnected (and such disconnection will affect service to other properties), at which time separate connection shall be made to the water main at the expense of the owners of each property served by such original line extension and the expense shall be divided equally between the owners. The extended service line shall then be discontinued. This section shall not be construed as prohibiting a single service line to serve a single structure under one roof occupying more than one property. If a property occupied by more than one dwelling which is served by a single service line is subdivided, a separate service line shall be installed for each dwelling before said subdivided property is allowed to be served. (Ord. 627, 7-20-1989; Ord. 816, 8-19-2014; Ord. 840, 9-19-2017)

It shall be unlawful for any person to use water from the water system of the City for any purpose other than Municipal. (Ord. 627, 7-20-1989)

A. The following retail uses may be conducted provided the same involve the sale of new products at retail and are conducted entirely within an enclosed building:

Appliances.

Art stores.

Bakery and confectionery shops.

Bicycle stores, unmotorized cycles only.

Book or stationery stores.

Camera shops.

Clothing and millinery stores.

Computers and video equipment.

Department stores.

Drugstores and prescription pharmacies.

Fabric stores.

Florist shops.

Furniture and home furnishings stores.

Hardware stores.

Hobby and gift shops.

Jewelry stores.

Luggage and leather goods stores.

Music stores.

Paint stores.

Pet supplies.

Radio and TV stores.

Restaurants (CUP required).

Shoe stores.

Sporting goods stores.

Tobacco stores.

Toy stores.

Trophies and awards.

Video rentals.

Other retail sales uses as the planning commission and city council may deem to be similar and not more obnoxious or detrimental to the public health, safety and welfare.

B. The following uses are permitted provided, however, that they shall not be located on the ground or main floor of the building:

Any use permitted in the C-1 and also the C-2 zone of the city as provided in section 9-1N-30 of this article.

C. If approval is granted by the planning commission or city council:

1. Sales of other than new products or other than retail may be permitted when conducted in a manner secondary and necessarily incident to a new product retail trade.

2. Services, lessons or demonstrations conducted incident to a permitted use may be permitted.

3. Products may be made and services rendered if entirely incidental to a permitted retail sale of new products. (1960 Code; amd. Ord. 83-533; Ord. 83-543; Ord. 86-589)

The following regulations shall apply in the C-1 retail commercial zone unless otherwise provided in this chapter. This zone is established in order to guide and promote proper land use and development of commercial property for intensive retail establishments in order to realize the full potential of public parking districts and pedestrian mall type shopping centers. (1960 Code)

This article shall be known as the OBSTRUCTION ABATEMENT CODE. (1960 Code)

Obstructions to visibility at edge of roadway between intersecting streets which unreasonably or substantially interfere with the safety of pedestrian movements and/or vehicular movements are hereby declared to be matters of public safety and subject to regulation under the police power of the city. (1960 Code)

A. Any person aggrieved by the decision of the director of housing and neighborhood development may appeal the decision to the housing advisory and appeals board (HAAB) by filing a notice with HAAB within seven (7) days of the director of housing and neighborhood development's decision. The notice shall specify the basis for the appeal.

B. An HAAB panel of at least three (3) HAAB members shall schedule a hearing not less than seven (7) days after the notice of appeal nor more than fourteen (14) days after the notice.

C. HAAB shall notify the applicant and any appellant of the hearing and, at the hearing, shall take testimony and evidence.

D. HAAB shall sustain the decision of the director of housing and neighborhood development unless HAAB finds that the director of housing and neighborhood development has failed to comply with the provisions of this article.

E. Any person aggrieved by any decision of HAAB under this article may appeal such decision to the mayor within seven (7) days of HAAB's decision. The appeal shall specify any objection to HAAB's decision.

F. The mayor, or the mayor's designated hearing officer, shall not take any additional evidence and shall consider the appeal only on the basis of the material presented to HAAB.

G. The mayor, or the mayor's designated hearing officer, shall sustain the decision of HAAB, unless it appears that the decision of HAAB is not supported by any competent evidence or is arbitrary or capricious. If the mayor or the mayor's designated hearing officer does not reverse or otherwise modify the HAAB decision within seven (7) days after the matter is submitted, the HAAB decision shall be sustained. (Ord. 27-00 § 12, 2000: Ord. 80-94 § 2, 1994)

All buildings shall be boarded in the following manner:

A. All openings in the structure on the first two (2) floors, other openings easily accessible from the ground, and openings with broken glass, shall be secured either by erecting a single one-half inch (¹/₂") thick layer of plywood sheathing, or exterior grade chipboard, covering over all exterior openings, overlapping the opening on every edge by three inches (3"), nailed along the edges by eightpenny common nails spaced every six inches (6");

B. Alternately, the openings may be secured by conventional wood frame construction. The frames shall use wood studs of a size not less than two inches by four inches (2" x 4") (nominal dimension) placed not more than twenty four inches (24") apart on center. The frame stud shall have the four inch (4") sides or the wide dimension perpendicular to the face of the wall. Each side of the frame shall be covered with plywood or chipboard sheathing of at least one-half inch (¹/₂") thickness or equivalent lumber nailed over the opening by using eightpenny common nails spaced every six inches (6") on the outside edges and every twelve inches (12") along intermediate stud supports;

C. All coverings shall be painted with the same color as the building or its trim; and

D. Exterior doors shall be secured by a strong nonglass door adequately locked to preclude entry of unauthorized persons, or shall be covered as an opening described in subsection A or B of this section or successor sections. (Ord. 80-94 § 2, 1994)

The owner of any property which should be boarded pursuant to this article, either voluntarily by the owner or pursuant to a notice and order, may apply for a stay of the boarding requirement. (Ord. 80-94 § 2, 1994)

BOARDED BUILDING: A building in which all or some of the utilities have been disconnected and all windows and doors are boarded against entry at the ground and second level (if a second level exists). Entry doors may be locked or boarded and windows adjacent to entry doors are boarded against entry.

BOARDING: The secured covering of openings to a building or structure to prevent entrance pursuant to the provisions and standards of this article due to the nonoccupancy of the building or structure.

CLOSED TO OCCUPANCY: A building in which no person may eat, sleep, live or otherwise reside or occupy the building or any portion thereof. Buildings closed to occupancy may only be entered by the owner, owner's agent or other authorized persons to do repair work.

EMERGENCY CONDITIONS: One or more conditions which exist in a building or on a property that create a likelihood of imminent danger to life or safety if anyone were to enter or occupy the property or building.

UNBOARDED/UNSECURED BUILDING: A building whose window(s) and/or door(s) are missing or broken and other openings are not secured against unauthorized persons entering the building.

VACANT/SECURED BUILDING: A building having utility meters that may be locked off but the meters and service lines are in place. All windows are secured and glazed and the doors are secured by means of a lock. (Ord. 27-00 § 1, 2000: Ord. 80-94 § 2, 1994)

No person shall use, nor shall any property owner permit the use of any property in an M-2 zone except for the following uses:

A. Principal uses:

Any use permitted in the M-1 zone.

Alcohol manufacture.

Ammonia, bleaching powder or chlorine manufacture.

Boiler works.

Breweries.

Brick, tile, cement block or terra cotta manufacture.

Concrete and concrete products manufacture.

Electric generating station and attendant microwave equipment.

Gas manufacture or storage.

Iron, steel, brass or copper fabrication plants.

Lamp black manufacture.

Oil cloth or linoleum manufacture.

Paint, oil, shellac, turpentine or varnish manufacture.

Petroleum, or its fluid products, wholesale storage of.

Roofing material manufacture.

Soda and compound manufacture.

Stove or shoe polish manufacture.

Wool pulling or scouring.

B. Accessory uses:

Accessory buildings and structures. (1960 Code)

Ordinance 93-736 enacts a specific plan for the downtown area. Said specific plan identifies land use districts, with a matrix of permitted uses and conditionally permitted uses. Said specific plan establishes development standards, development incentives/bonuses, design guidelines, sign regulations and other requirements and criteria to ensure the orderly development of the area.

Reference is made to said ordinance and specific plan document for the detail of said plan, which shall override all other zoning regulations with regard thereto, except as specifically contained therein.

Said specific plan includes amendments outlined in ordinances 95-772 (deleted by ordinance 00-844), 95-780, 96-797, 97-800, 97-806, 97-809, 02-880, 09-927, 13-976, 16-1010. (Ord. 93-736; amd. Ord. 00-844; Ord. 02-880; Ord. 09-927; Ord. 13-976; Ord. 16-1010)

No person shall use nor shall any property owner permit the use of any portion of any property zoned M-1 within the city, except for the following uses:

Any use permitted in the C-3 zone.

Agricultural contractor equipment, sale, or rental or both.

Automobile assembly, body and fender works, dismantling and used parts storage when operated and maintained wholly within an entirely enclosed building.

Automobile forwarding.

Automobile painting, providing all painting, sanding and baking shall be conducted wholly within an enclosed building.

Automobile steam cleaning conducted as a primary use, within an enclosed building.

Batteries, the manufacture and rebuilding of batteries.

Beds, the manufacture of beds and bedsprings.

Boat building.

Bottling plants.

Box factory.

Brushes, the manufacture of.

Building material storage yards.

Cabinet shops.

Canvas, the manufacture of canvas and products of canvas.

Carpet cleaning plants.

Catering establishments.

Cellophane, the manufacture of cellophane products.

Cigars, the manufacturing of.

Clocks, the manufacture of.

Coffee roasting.

Coffins, the manufacturing of.

Confectionery manufacturing.

Contractors' storage yards.

Cork, the manufacture of cork products.

Corrugated cardboard products, sales, storage and manufacture.

Cosmetics, the manufacture of.

Creameries and dairy products manufacturing.

Cutlery manufacturing.

Drugs, the manufacture of and sale at wholesale of drugs.

Dry goods. The manufacture of and sale at wholesale of, and storage of dry goods.

Electric or neon sign manufacturing.

Electrical transmission and distribution substations, including microwave facilities.

Engines, the manufacture of internal combustion or steam engines.

Engraving. Machine metal engraving.

Feathers, the manufacture or renovation of feather products, or both.

Feed and fuel yards.

Fiber products, including fiberglass, the manufacture of.

Fixtures, the manufacture of gas or electrical fixtures, or both.

Flour mills.

Food products manufacturing, storage and processing of except lard, pickles, sauerkraut, sausages or vinegar.

Fruit and vegetable canning, preserving and freezing.

Fur products, the manufacture of.

Furniture, the manufacture of.

Garment manufacture.

Glass, the production by hand of crystal glass art novelties within an enclosed building of fire resistant construction.

Glass, the storage of.

Gloves, the manufacture of.

Heating equipment, the manufacture of.

Horn products, the manufacture of.

Ice and cold storage plants.

Ice cream manufacturing.

Iron. Ornamental iron works but not including a foundry.

Knitting mills.

Laboratory, experimental film, motion picture research or testing.

Laundries.

Lumberyards.

Machine shops.

Machinery storage yards.

Manufacture and assembly of electrical appliances including electronic instruments and devices and small parts and components therefor.

Manufacture or prefabricated buildings.

Manufacturing, assembly, compounding or treating of articles or merchandise from previously prepared materials.

Material recycling plant (CUP required).

Mattresses, the manufacture and renovation of.

Medicines, the manufacture of.

Mills, planting.

Motors, the manufacture of electric motors.

Musical instruments, the manufacture of.

Novelties, the manufacture of.

Outdoor advertising structures pursuant to section 9-1O-2 of this article.

Packaging businesses.

Painting mixing, provided a boiling process is not employed, no tank farm is permitted and above surface thinner storage is limited to two hundred (200) gallons.

Paper products, the manufacture of, but not including the manufacture of paper itself.

Parcel delivery terminals.

Perfume manufacturing, blending and bottling.

Phonograph records, the manufacture of, including the grinding and processing of the basic materials used in connection therewith.

Pie factories.

Plastics, fabrication from.

Plastics, the molding of plastics including the light manufacture of products thereof, provided all grinding operations are conducted within an enclosed building.

Pottery, the manufacture of.

Public scales.

Public utility service center.

Rope, the manufacture and storage of.

Rubber, fabrication of products made from finished rubber.

Rugs, the manufacture of.

Sand, gravel, fill dirt, topsoil, sales and storage.

Sash and door manufacturing.

Scientific instrument and equipment manufacturing of precision materials.

Sheet metal shop.

Shoes, the manufacture of.

Soap manufacture, cold mix only.

Soft drinks, the manufacture and bottling of.

Springs, the manufacture of.

Statuary, the manufacture of clay, papier-mache and stone statuary and monuments.

Stone monuments and tombstone works.

Stones, precision or semiprecious, manufacturing products of.

Storage, commercial. Commercial storage (including more than 72 hours parking) of recreational vehicles, transit and transportation vehicles and equipment including terminals, but subject first as to any and all of such uses to a conditional use permit issued pursuant to section 9-1F-10 of this chapter.

Store fixtures, manufacture and sales.

Testing laboratories.

Textile, manufacture.

Tile, manufacture of wall and floor tile and related small products.

Tinsmiths.

Tire rebuilding, recapping and retreading.

Toiletries manufacturing.

Tools, the manufacture of.

Towing service, provided all storage, including any overnight storage of vehicles, shall be behind a six foot (6') high solid wall or within a completely enclosed building.

Toys, the manufacture of.

Transfer, moving and storage of furniture and household goods.

Truck and trailer rental concerns.

Truck repairing, overhauling and service.

Truck transportation yard (except truck terminals).

Truck washing and cleaning.

Type, the manufacture of printer's type.

Venetian blinds, the manufacture of.

Vitamin tablets, the manufacture of.

Warehouse, wholesale and storage.

Welding shops.

Wine storage and manufacture.

Wiping rag storage (laundered only).

Wire fabrication.

Wood products, the manufacture of.

Yarn, the dyeing of yarn and the manufacture of yarn products.

Any similar enterprise or business or other enterprises or business which the Planning Commission finds are not more obnoxious or detrimental to the public welfare than the enterprises enumerated in this section. (1960 Code; amd. Ord. 80-493; Ord. 90-665; Ord. 93-752; Ord. 17-1026)

Unless the context specifically indicates otherwise, the meaning of terms used in articles I, II, and III of this chapter shall be as follows and any requirements or prohibitions found in these definitions shall be enforceable as though set forth in a separate section:

BASIC USER CHARGE. The basic assessment levied on all users of the public sewer system.

BOD (denoting Biochemical Oxygen Demand). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees centigrade (20°C), expressed in milligrams per liter.

BUILDING DRAIN. That part of a drainage system which receives the waste discharge from interior fixtures within a building or other drainage pipes inside the walls of the building and conveys it to the building sewer or another approved point of discharge.

BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal.

CAPITAL IMPROVEMENT CHARGE. A charge levied on users to improve, extend or reconstruct the sewage treatment works.

Clarification of word usage: "Shall" is mandatory; "may" is permissible.

COMMERCIAL USER. Any user other than single-family or duplex residential.

DEBT SERVICE CHARGE. The amount to be paid each billing period for payment of interest, principal and coverage of (loan, bond, etc.) outstanding.

EASEMENT. An acquired legal right for the specific use of land owned by others.

EFFLUENT CRITERIA. Shall be as defined in any applicable national pollutant discharge elimination system permit.

FLOATABLE MATERIAL. Oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility.

GARBAGE. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of food.

INDUSTRIAL USERS. Establishments engaged in manufacturing activities involving the mechanical or chemical transformation of materials or substances into products or the packaging of already manufactured products.

INDUSTRIAL WASTE. Any solid, liquid or gaseous substance discharged, flowing 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.

INSPECTION MANHOLE. A structure located on a site from which wastes from commercial, industrial or multi-family (more than 6 units) are discharged. Where feasible, the manhole shall have an interior drop. The purpose of a "inspectional manhole" is to provide access for Village representatives to sample and/or measure discharges.

INSTITUTIONAL/GOVERNMENTAL USER. Shall include churches schools and any user associated with federal, state or local government.

LOCAL CAPITAL COST CHARGE. Charges for costs other than the operation, maintenance and replacement costs. Examples would be debt service and capital improvement costs.

MAJOR CONTRIBUTING INDUSTRY. An industrial user of the publicly owned treatment works that: 1) has a flow of fifty thousand (50,000) gallons or more per average work day; or 2) has a flow greater than ten percent (10%) of the flow carried by the municipal system receiving the waste; or 3) has in its waste, toxic pollutant in toxic amounts as defined in standards issued under section 307(a) of the federal act; or 4) is found by the permit issuant 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.

MILLIGRAMS PER LITER. A unit of the concentration of water or wastewater constituent. It is 0.001 gram of the constituent in one thousand milliliters (1,000 ml) of water. It has replaced the unit formerly used and commonly called, parts per million, to which it is approximately equivalent, in reporting the results of water and wastewater analysis.

NATIONAL POLLUTANT DISCHARGE EMISSION SYSTEM PERMIT. Any permit or equivalent document or requirements issued by the administrator, or where appropriate by the director, after enactment of the federal clean water act to regulate the discharge of pollutants pursuant to section 402 of the federal act.

NATURAL OUTLET. Any passage of material or substance into a watercourse, pond, ditch, lake or other body of surface water or ground water.

ppm. Parts per million by weight.

PERSON. Any and all persons, 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 the IEPA division of laboratories manual of laboratory 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 one hundred (100) gallons of sewage per day containing 0.17 pounds of BOD₅ and 0.20 pounds of suspended solids.

PRETREATMENT. The treatment of wastewaters from sources before introduction into the wastewater treatment system.

PRIVATE SANITARY SEWER. A sanitary sewer that has never been conveyed to the village of Northfield. All connections to the public sewer, including the Tee, Y, break in connection, lateral, or service shall be considered part of the private sanitary sewer.

PROPERLY SHREDDED GARBAGE. 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 one-half inch (¹/₂") (1.27 cm) in any dimension.

PUBLIC SEWER. A sewer provided by or subject to the jurisdiction of the village of Northfield. It shall also include sewers within or outside the village of Northfield boundaries that serve one or more persons and ultimately discharge into the village of Northfield sanitary system, even though those sewers may not have been constructed with the village of Northfield's funds.

REPLACEMENT. Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance" includes replacement.

RESIDENTIAL USER. All dwelling units such as houses, mobile homes, apartments, permanent multi-family dwellings; provided, that all multi-family residential structures except duplexes, shall be deemed commercial for purpose of this chapter.

SANITARY SEWER. A sewer that conveys sewage or industrial wastes or a combination of both, and into which storm, surface and ground waters or polluted industrial wastes are not intentionally admitted.

SEWAGE. Is used interchangeably with "wastewater".

SEWAGE FUND. The principal accounting designation for all revenues in the operation of the sewerage system.

SEWER. A pipe or conduit for conveying sewage or any other wasted liquids, including storm, surface and ground water drainage.

SEWERAGE. The system of sewers and appurtenances for the collection, transportation and pumping of sewage.

SLUG. Any discharge of water, sewage or industrial waste which has a concentration of a given constituent or has a rate of flow either of which exceeds for any period of longer than fifteen (15) minutes more than five (5) times the average concentration of a constituent or five (5) times the flow during normal operation.

STORM SEWER. A sewer that carries storm, surface and ground water drainage but excludes sewage and industrial wastes other than unpolluted cooling water.

STORM WATER 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 may be levied on those persons whose wastes are greater in strength than the concentration values established in this chapter.

SUSPENDED SOLIDS (SS). Solids that either float on the surface 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 the IEPA division of laboratories manual of laboratory methods.

UNPOLLUTED WATER. Water 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 benefited 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.

USER CHARGE. A charge levied on users of treatment works for the cost of operation, maintenance and replacement.

USER CLASS. The type of user, "residential, institutional/governmental, commercial", or "industrial" as defined herein.

VILLAGE. The village of Northfield.

WASTEWATER. The used or spent water of a community. From this standpoint it may be a combination of the liquid and water carried wastes from residences, commercial buildings, industrial plants and institutions, together with any ground water, surface water and storm water that may be necessarily or inadvertently mixed with the wastewater. Nothing contained in this definition shall be construed to mean that storm water may be introduced into the sanitary system.

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 computed as outlined in this chapter, and shall consist of the total or the basic user charge, the local capital cost and a surcharge, if applicable.

WASTEWATER TREATMENT WORKS. An arrangement of devices and structures for treating wastewater, industrial wastes and sludge. Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "pollution control plant".

WATER QUALITY STANDARDS. Defined in the water pollution regulations of Illinois.

WATERCOURSE. A channel in which a flow of water occurs, either continuously or intermittently. (Ord. 89-613, 11-28-1989; amd. Ord. 01-1092, 12-3-2001)

A. User Fee: Each water consumer shall pay a monthly water user fee calculated as follows:

WATER

Description		Base Rate	Rate Per Thousand Gallons	Quantity
Water:
	Commercial/multi-units	See note 1	$4.01	First 8,000
			2.28	Next 8,000
			1.67	Remaining
	Industrial	See note 2	1.66	Per thousand
	Residential	$ 9.91	3.25	First 4,000
			2.28	Next 3,000
			1.67	Remaining
Out of City:
	Commercial		4.98	First 8,000
			2.83	Next 8,000
			2.07	Remaining
	Industrial		2.06	Per thousand
	Residential	12.05	4.04	First 4,000
			2.83	Next 3,000
			2.07	Remaining
Washakie Rural District			1.99	Per thousand
Employee:
	In City	17.12
	Out of City	21.23

Notes:
1. Multi-family residential units and commercial users shall be assessed a base rate of no less than $16.64 to be computed by determining average monthly use (over previous 12 months) in thousand gallon increments and multiplying by $0.60.
2. Industrial users shall be assessed a base rate of no less than $345.00 to be computed by determining average monthly use (over previous 12 months) in thousand gallon increments and multiplying by $0.60.

B. Equivalent Dwelling Unit (EDU) Fee: Each water consumer shall pay a monthly EDU fee calculated as follows:

EDU

Tap Size	Rate
³/₄"	$ 10.24
1"	18.20
1¹/₂"	40.96
2"	72.82
2¹/₂"	113.78
3"	163.84
4"	291.27
5"	455.11
6"	655.36

C. Tap Fees: The following tap fees shall be paid prior to a permit being issued for connecting to the Municipal water system:

TAP FEE SCHEDULE

Water Tap Size (Inches)	Meter (Inches)	Water Connection Charges
Water Tap Size (Inches)	Meter (Inches)	In City	Out Of City
³/₄	⁵/₈ x ³/₄	$ 1,500.00¹	$ 1,875.00¹
1	1	1,800.00¹	2,250.00¹
1¹/₂	1¹/₂	2,400.00²	3,000.00²
2	2	3,500.00²	4,375.00²
4	4	7,300.00²	9,125.00²
6	6	12,800.00²	16,000.00²
8	8	21,800.00²	27,250.00²

Notes:
1. Includes meter and backflow preventer.
2. Cost of meter and backflow preventer will be added.

Street and alley repairs shall be done according to sections 19-11 to 19-16 of this Code.

For platted subdivisions, there shall be no connection fee for connections to the main water line. The developer or water user shall, however, pay a separate tap fee for each lot or user.

See "Water Connection Charges" for reconnection fees which are located on www.cityofworland.org and at Worland City Hall.

D. Water Service Line Charges: For installing water service lines, the charge will be equivalent to all costs incurred for the installation of a service line including time and materials.

E. Out Of City Limits Water User Fees: Out of City limits user fees shall be calculated at the rate of one hundred twenty five percent (125%). (Ord. 804, 6-4-2013; Ord. 819, 12-16-2014; Ord. 804, 1, 6-4-2013; Ord. 840, 9-19-2017; Ord 844, 1, 11-21-2017)

A. In addition to the applicable requirements of this Code and the "Wyoming Public Works Standard Specifications", including latest revisions, water users outside the Worland City limits shall also comply with the requirements hereinbelow specified.

B. Water users desiring water service shall make application to the City of Worland and post all necessary application fees. The application must state the intended use for the water. Water may only be used for domestic household use, including lawn and yard watering, industrial use or commercial use. Water may not be used for commercial agricultural irrigation purposes.

C. All water taps shall meet all Federal, State, and local regulations. Applicants shall apply and pay for all applicable permits and post all necessary fees.

D. All water users shall enter into an annexation agreement with the City of Worland.

E. All plans for tapping and transmission of water must be prepared in sufficient detail, with references to appropriate standards and specifications to adequately describe the proposed construction. All construction and design criteria must meet the requirements of the City of Worland and the Wyoming Department of Environmental Quality. Design calculations must be submitted to show adequate pipe sizing and sufficient facilities to meet domestic/industrial/commercial and fire demands where deemed necessary by the City. Calculations shall show average daily consumption, maximum hourly consumption, and seasonal variations.

Changes in design or deviations from design during construction without prior written approval from the City Engineer will not be permitted.

F. All water facilities shall be constructed on public right-of-way or upon private land with perpetual easements, providing free, unobstructed and uninterrupted right-of-way for inspection, operation, maintenance, enlargement, replacement, alteration and extension of the installation.

G. Plans submitted to the City of Worland shall contain a certification and seal by a professional engineer licensed to practice professional engineering in the State of Wyoming. The engineer shall certify that all designs meet the requirements of the City and State. This certification shall appear on the first sheet of the submission with said first sheet referencing all other sheets. The engineer's seal shall appear on every sheet of plans.

H. Upon approval of the application, the developer shall enter into an agreement, suitable for recording, with the City of Worland, agreeing to perform all construction in accordance with the plans and specifications approved by the City of Worland and the State of Wyoming. The approved facilities shall not be expanded in any way without prior application and approval by the City of Worland and the State of Wyoming. Any expansion of the facilities by the association or others without written approval by the City and the State shall be cause for permanent cut off of the water supply.

I. The developer shall furnish, install and construct all water facilities required within the development area according to "Wyoming Public Works Standard Specifications" and specific requirements of the City. All construction shall meet the approval of the City. Upon completion and acceptance, the developer shall transfer all facilities and related property free of debt, liens, and/or other legal encumbrances, for ownership, operation, and maintenance by the City of Worland, unless otherwise agreed in writing.

J. In case of water shortage, out of City limits users will be the less preferred use for water cutback. Any shortage of water in the City (for household, domestic or industrial use) will require cutoffs of all out of City limits users according to their usage priorities. Those priorities are (listed highest to lowest):

1. Household/residential.

2. Commercial.

3. Industrial.

4. Lawn and garden watering.

If necessary, a specific water use rotation schedule will be initiated and inspection of users will be performed by the City.

K. All water mains shall be designed and inspected in accordance with the provisions of subsection 20-62A of this Code, which is, by this reference, incorporated herein. (Ord. 627, 7-20-1989; Ord. 678, § 2, 5-18-1995; Ord. 816, 8-19-2014; Ord. 840, 9-19-2017)

Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:

BIOCHEMICAL OXYGEN DEMAND (BOD): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees centigrade (20°C), expressed in milligrams per liter.

BUILDING DRAIN: That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (5') (1.5 meters) outside the inner face of the building wall.

BUILDING SEWER: The extension from the building drain to the public sewer or other place of disposal, also called house connection.

COMBINED SEWER: A sewer intended to receive both wastewater and storm or surface water.

EASEMENT: An acquired legal right for the specific use of land owned by others.

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. Wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.

GARBAGE: The animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods.

INDUSTRIAL WASTES: The wastewater from industrial processes, trade or business as distinct from domestic or sanitary wastes.

MAY: Is permissive.

NATURAL OUTLET: Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface or ground water.

PERSON: Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents or assigns. This definition includes all Federal, State and local governmental entities.

pH: The logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen ion concentration of 10^-7.

PROPERLY SHREDDED GARBAGE: 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 one-half inch (¹/₂") (1.27 centimeters) in any dimension.

PUBLIC SEWER: A common sewer controlled by a governmental agency or public utility.

SANITARY SEWER: A sewer that carried liquid and water carried wastes from residences, commercial buildings, industrial plants, and institutions together with minor quantities of ground, storm, and surface waters that are not admitted intentionally.

SEWAGE: The spent water of a community. The preferred term is "wastewater", as defined in this section.

SEWER: A pipe or conduit that carries wastewater or drainage water.

SHALL: Is mandatory.

SLUG: Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty four (24) hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of wastewater treatment works.

SLUG DISCHARGE: Any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violate the POTW's regulations, local limits or permit conditions.

STORM DRAIN OR STORM SEWER: A drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.

SUPERINTENDENT: The superintendent of public works of the city, or authorized deputy, agent or representative.

SUSPENDED SOLIDS: Total suspended matter that either floats on the surface of, or is in suspension in water, wastewater or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods For The Examination Of Water And Wastewater" and referred to as nonfilterable residue.

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 benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.

WASTEWATER: The spent water of a community. From the standpoint of source, 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 dispose of the effluent.

WASTEWATER TREATMENT WORKS: An arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plant".

WATERCOURSE: A natural or artificial channel for the passage of water, either continuously or intermittently. (Ord. 539, § 1-28, 8-18-1983; Ord. 793, 1-4-2011; Ord. 816, 8-19-2014)

The purpose of this division shall be to generate sufficient revenue to pay all costs for the operation and maintenance of the complete wastewater system including debt retirement. The costs shall be distributed to all users of the system in proportion to each user's contribution to the total loading of the treatment works. Factors such as strength (BOD and TSS), volume, and delivery flow rate characteristics shall be considered and included as the basis for the user's contribution to ensure a proportional distribution of operation and maintenance costs to each user (or user class). (Ord. 538, § 1, 8-18-1983)

A. License Required. It shall be unlawful to engage in the retail sale of cigars, tobacco or cigarettes without having first obtained a license therefor. Applications for such licenses shall be made to the village clerk. The requirements of subsections 11-13(2) and (3) of this article are applicable to all applications for licenses required herein. The chief of police shall investigate each application required herein. (Ord. 02-1117, 6-17-2002)

B. Fee. The annual fee for such a license shall be as prescribed in appendix D of this code.

C. Sanitation. The premises or building or vending machine used for the purpose of the sale of cigars, tobacco or cigarettes must be kept in a clean and sanitary condition. The village manager may designate a person to make or cause to be made such inspections as may be necessary to ensure compliance with the provisions of this section.

D. Sale To Minors. It shall be unlawful to sell or give cigarettes to any person under eighteen (18) years of age, or for the owner of any premises on which such vending machines are located to permit such person to operate such vending machine.

E. Drugs. It shall be unlawful to sell or offer for sale any cigar or cigarette containing any harmful drugs or controlled substance as set forth in the Illinois Compiled Statutes other than tobacco. (1986 Code)

Every food store, food service establishment, temporary food service establishment, food vending machine and food delivery vehicle shall be governed by the regulations set forth in chapter 8, article III of this code. (1986 Code)

A. License Required. No person other than a licensed auctioneer shall sell at public or private auction within the village any real or personal property of any kind whatsoever (except under and by virtue of legal process). (1986 Code)

B. Approval Of License And Fee. A person may be licensed to sell real and personal property at auction, at a place to be named in his license, upon approval by the village manager of his application therefor. The applicant shall execute a surety bond or other bond satisfactory to the village manager, in the amount of one hundred thousand dollars ($100,000.00). An auctioneer's one hundred thousand dollar ($100,000.00) bond will be held for sixty (60) days following the auction. If no claims have arisen against the auctioneer for the event for which the bond is held, the auctioneer may make a written request to the village manager for the return of the bond. The license fee shall be in the amount prescribed in appendix D of this code. (1986 Code; amd. Ord. 02-1131, 12-3-2002)

C. Revocation. Licenses to auctioneers shall be subject to revocation by the village manager whenever it appears to him that the party so licensed has violated any provision of this section or of any ordinance of the village relating to auctions or auction sales, or any condition of the aforesaid bond.

D. Noise. No bellman or crier, nor any musical instrument, nor any show signal or means of attracting attention of the public, other than a sign or flag, shall be employed or suffered or permitted to be used at or near any place of such auction sale.

E. Descriptions. It shall be the duty of every auctioneer who shall offer for sale real or personal property of any kind whatsoever to have affixed thereto a sign, tag, or label bearing a true statement of the character, quality, and description of the property offered for sale, and to announce to the persons present, before proceeding to sell same, the character, quality, and description of the property offered for sale.

F. Return Of Goods. The purchaser at an auction sale of any article of goods, wares, and merchandise shall have the right to return it to the auctioneer at any time within five (5) days from the date of sale if the article is not of the quality represented to him, and the auctioneer shall return to the purchaser the price of the article.

G. Substitutions. No auctioneer shall exhibit and offer for sale at auction any article and induce its purchase by any bidder and afterward substitute any article in lieu of that offered to and purchased by the bidder.

H. Representations. No auctioneer or person being present when real or personal property is offered for sale shall knowingly, with intent to induce any person or persons to purchase the same or any part thereof, make any false representation or statement as to the ownership, character, or quality of the property so offered for sale, or as to the poverty or circumstances of the owner or alleged owner of such property.

I. Bidding. No auctioneer shall procure any person to make a fictitious bid at any auction sale of real or personal property, or conspire with any person or persons to make a fictitious bid at any such auction sale, or knowingly permit any person to make a fictitious bid at any such auction sale. (1986 Code)

(1) License Required. It shall be unlawful for any person within the Village to engage in the business of cleaning, collecting, or transporting the contents of catch basins, sewers or septic tanks or like refuse without first obtaining a license from the Village Clerk. Provided, however, that plumbers or sewer builders who may clean catch basins or sewers incident to other services shall not be required to obtain such license.

(2) Fee. The license fee shall be as prescribed in appendix D of this Code.

(3) Summary Revocation. Any license so granted may be suspended upon written notice by the Village Manager, whenever it appears to him that the licensee has violated the provisions of this section or is conducting said business in violation of any other local, State or Federal law or regulation.

(4) Storage Of Materials. It shall be unlawful for any person engaged in the business of cleaning catch basins, sewers and septic systems or transporting the contents thereof, to place, store, keep, or maintain any trucks, wagons, barrels, receptacles, vessels, or utensils used in connection with such business within the Village, unless kept inside a building which shall be subject to monthly inspection by the Village Health Officer.

(5) Vehicles. The contents taken from catch basins and sewers in cleaning and repairing the same shall not be permitted to remain in any receptacle, wagon, or vehicle used to transport and remove such contents. The same shall be disposed of at a place to be designated by the health authority or the ordinances of the Village. No such receptacle or vehicle containing such material shall be permitted to be stored overnight on any premises within the limits of the Village and such storage shall be deemed and is hereby declared to be a public nuisance. All substances taken from catch basins and sewers shall be conveyed to the place of disposal in tightly covered, watertight, impermeable receptacles. All vehicles, receptacles, and utensils used in connection with such business when not in use shall be kept in a clean and sanitary condition. (1986 Code)

Unless otherwise expressly stated, the following terms, whenever used in this section, shall respectively be deemed to mean:

OPERATOR. Any person operating or in actual physical control of a taxicab in the village.

OWNER. Every person having the use or control of one or more taxicabs as herein defined.

TAXICAB. All public vehicles driven by mechanical power used for carriage of persons for hire, except those commonly known as buses, and including limousines and other livery vehicles.

TAXIMETER. A mechanical instrument or device by which the charge for hire of the taxicab is mechanically calculated either for distance traveled or for waiting time or for both, and upon which such charge shall be indicated thereon. (1986 Code; amd. Ord. 493, 3-24-1987)

For the purpose of this chapter, the following words shall have the following meanings:

COMMERCIAL PROPERTY. Areas intended to provide a variety of retail, service, industrial, professional or office uses.

REGISTERED SOLICITOR. Any person who, either individually or through the person's organization, has obtained a valid certificate of registration.

RESIDENCE. Every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.

SOLICITING. Any one or more of the following activities when no prior appointment, agreed to by the occupant of the premises, has been made:

(1) Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs or services of any kind, character or description for any kind of consideration.

(2) Seeking to obtain prospective customers for application or purchase of insurance of any type, kind, or character.

(3) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers, or any other type or kind of publication.

(4) Seeking to promulgate information or to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization or corporation registered or licensed as such by the state of Illinois or officially recognized as such in the minutes of the board of trustees of the village of Northfield. (Ord. 05-1249, 7-19-2005)

In order to maintain and enhance the current aesthetic character of the Village; and to regulate and control the problems of noise, odor, light, fumes, vibration, dust, danger of fire and explosion, and traffic congestion which result from the unregulated construction and operation of gasoline service stations; and with concern for the public safety in general, the following ordinance is established. (1986 Code)

For the purpose of this division, the following words as used herein shall be construed to have the meanings herein ascribed thereto:

DISTRIBUTOR. The person responsible for placing and maintaining a newspaper vending machine in a public right of way.

NEWSPAPER VENDING MACHINE(S). Any self-service or coin operated box, container, storage unit or other dispenser installed, used, or maintained for the display and sale of newspapers or other news periodicals.

NUDITY. The showing with less than a fully opaque covering of the genitals, pubic hair, buttocks, natal cleft, perineum, anus or anal region of any person, other than a child under the age of puberty, or any portion of the breast at or below the areola thereof of any female person, other than a child under the age of puberty, or the depiction of covered male genitals in a discernibly turgid state.

PARKWAY. The area between the sidewalks and the curb of any street, and where there is no sidewalk, the area between the edge of the roadway and property line adjacent thereto. Parkway shall also include any area within a roadway which is not open to vehicular travel.

ROADWAY. That portion of a street improved, designed, or ordinarily used for vehicular travel.

SEXUALLY EXPLICIT MATERIAL. Any pictorial material depicting human sexual intercourse, human or animal masturbation, bestiality, excretory functions, homosexual acts, direct physical stimulation or touching of unclothed genitals or pubic areas of the human male or female, flagellation or torture by or upon a person in the context of a sexual relationship or sexual stimulation. The material shall be judged without regard to any covering which may be affixed or printed over the material in order to obscure genital areas in a depiction otherwise falling within the definition of these subsections. Works of art or of anthropological significance are not included within this definition.

SIDEWALK. Any surface provided primarily for the use of pedestrians.

STREET. All that area dedicated to public use for public street purpose and shall include, but not be limited to, roadways, parkways, alleys and sidewalks. (Ord. 482, 10-28-1986)

For the purpose of this division, the terms defined in this section have the meaning given them.

NET PROCEEDS. The gross receipts from the conduct of raffles, less reasonable sums expended for prizes, local license fees and other reasonable operating expenses incurred as a result of operating a raffle.

RAFFLE. A raffle is any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prizes, whether such scheme or procedure is called a lottery, raffle, gift, sale or some other name, in which:

(1) The player pays or agrees to pay something of value for a chance, represented and differentiated by a number or by a combination of numbers or by some other medium, one or more of which chances is to be designated the winning chance;

(2) The winning chance is to be determined through a drawing or by some other method based on an element of chance by an act or set of acts on the part of persons conducting or connected with the lottery, except that the winning chance shall not be determined by the outcome of a publicly exhibited sporting contest. (Ord. 90-627, 4-23-1990)

No film production shall be permitted within the village of Northfield except as set forth in this division.

For purposes of this division, "film production" shall mean the use of public or private property within the village of Northfield for the purpose of producing, videotaping or filming of commercials, movies, television programs, training tapes or films and other moving picture media activities. Provided only that nothing herein shall prevent schools, businesses, places of worship or residents from using their own premises for producing films for their own educational, family or training purposes without the requirement of a permit. Further, nothing herein shall prevent the filming of actual news events within the village of Northfield subject to the rules and regulations of the village of Northfield and any orders of the village of Northfield officials. (Ord. 91-689, 8-26-1991)

As used in article II of this chapter the following terms shall have the following meaning:

AUTOMATIC WEAPONS. A firearm of any size which requires only consistent pressure on a trigger or triggering device for firing or which chambers, locks and fires one round after another without release or repulling of a trigger or triggering device.

The term "automatic weapon" includes a combination of parts from which such firearms may be assembled.

ENGAGED IN THE BUSINESS. The same meaning as in 18 USC section 921(a)(21).

FIREARM. The same meaning as used in 430 Illinois Compiled Statutes 65/1.1.

FIREARMS DEALERS. Any person licensed by the federal bureau of alcohol, tobacco and firearms as "dealer" pursuant to section 923(a)(3)(B) or section 923(a)(3)(C) of title 18 of the United States Code and possessing a "type 01" federal license; and excluding any persons licensed solely as a "collector" pursuant to section 923(b) of title 18 of the United States Code and possessing only a "type 03" federal license.

GUN SHOW OR EVENT. Any show or exhibition conducted for a temporary, fixed time period at a temporary location and sponsored by a national, state, or local organization or any affiliate of any such organization devoted to the collection, competitive use, or other sporting use of firearms.

HANDGUN. A firearm:

(1) Designed or redesigned or made or remade or intended to be fired while held only in the hands without support of any other part of the body or on any other thing; or

(2) Having a barrel of less than ten inches (10") in length; or

(3) Of a size which may be concealed upon the person.

The term "handgun" includes a combination of parts from which such firearms may be assembled.

PERSON. Any individual, public or private corporation, partnership, firm, society, or unincorporated association.

PUBLIC PARK. Any land or buildings set apart for public recreation and owned by any unit of government and any land owned by the forest preserve district of Cook County.

SCHOOL. Any public or private elementary or secondary school, community college, college or university.

SHOTGUN. A shoulder held firearm that is manufactured to chamber and fire shells with multiple pellets through a smooth bore barrel. (Ord. 95-831, 2-27-1995)

For the purpose of this division, the following terms shall have the following meanings:

EMPLOYEE. Any person other than a massage therapist who renders any service for the licensee and who receives compensation directly from the licensee but has no physical contact with customers or clients.

LICENSEE. The operator of a massage establishment.

MASSAGE. Any method of pressure on, friction against, or stroking, kneading, rubbing, tapping, pounding, bathing, touching, binding, painting, irritating, or stimulating of external soft parts of the body with hands or with the aid of any manual, mechanical, or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptic oils, powder, creams, lotions, soaps, ointments, or other similar preparations commonly used in this practice.

MASSAGE ESTABLISHMENT. Any establishment having its place of business where any person, firm, association or corporation engages in, carries on, or permits to be engaged or carried on any of the activities referenced in the definition of "massage" in this division.

MASSAGE SERVICES. The performance of a massage.

MASSAGE THERAPIST. Any person who, for any consideration whatsoever, engages in the practice of "massage" as defined herein.

PERSON. Any individual, copartnership, firm, association, joint stock company, corporation, or any combination of individuals of whatever form or character.

SEXUAL OR GENITAL AREA. The genitals, pubic area, anus, or perineum of any person, including the vulva or breasts of a female. (Ord. 11-1479, 2-15-2011)

It shall be unlawful for any person to place, deposit or permit to be deposited on public or private property within the village any human or animal excrement, garbage or other objectionable waste. (Ord. 89-613, 11-28-1989)

No 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. (Ord. 89-613, 11-28-1989)

No person shall discharge, or cause to be discharged, any storm water, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the village engineer. Industrial cooling water or unpolluted process waters may be discharged on approval of the village engineer, to a storm sewer or a natural outlet. (Ord. 89-613, 11-28-1989)

The Village Engineer, Director of Public Works and Community Development Director or any duly authorized employees of the Village, the State or the United States Environmental Protection Agency bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurements, sampling, repair, maintenance and testing in accordance with the provisions of this chapter. (Ord. 99-959, 1-25-1999)

Any person found guilty of a violation of any portion of this chapter shall be fined in accordance with appendix D, article III of this Code. (Ord. 97-915, 10-27-1997)

In addition to any other penalties set forth herein any violation of this chapter is hereby declared to be a nuisance and may be abated in the manner set forth in chapter 14 of this Code.

The Village may revoke any permit for sewage disposal as a result of any violation of any provision of this chapter. (Ord. 89-613, 11-28-1989)

(Rep. by Ord. 89-613, 11-28-1989)

It shall be unlawful to permit any premises in the Village to become a breeding site for rodents or to become infested with rodents in such a way as to endanger health or permit the spread of such rodents to other premises. (1986 Code)

Any person found guilty of violating any provision of this article shall be fined in accordance with appendix D, article III of this Code. (Ord. 97-915, 10-27-1997)

There is hereby created a fire rescue department for the village as a constituent part of the department of public safety. It shall be known as the Northfield fire rescue department and shall consist of a fire rescue chief and such assistants and members as the corporate authorities shall from time to time authorize. The Northfield fire rescue department shall consist of a fire department component and an emergency medical service component. The function of the emergency medical service shall be to provide emergency medical services to persons in need of such services when called upon or otherwise ordered to do so. The emergency medical service shall be a part of the fire rescue department, and shall at all times be subject to the rules and regulations governing the fire rescue department. (Ord. 99-993, 9-27-1999)

A bureau of fire prevention is hereby established in the Northfield fire rescue department. The fire prevention bureau shall be operated under the supervision of the fire rescue chief. The fire rescue chief may designate a member of the fire rescue department as official of the fire prevention bureau ("fire official") or he may hold this office himself. The fire rescue chief may designate other members of the fire rescue department as inspectors. The fire rescue chief may employ technical fire inspectors as may be authorized by the village manager. (1986 Code; amd. Ord. 99-993, 9-27-1999)

A health department is hereby established for the village to operate under the direction and supervision of the village health officer. The health department shall be staffed with such personnel and perform such duties and functions as the village manager may from time to time assign. (1986 Code)

B. Factors: Before selecting the construction contracting method to use, a careful assessment must be made by the Purchasing Agent or designee. The assessment may consider the following factors:

1. When the project must be ready to be occupied;

2. The type of project, for example, housing, offices, labs, heavy or specialized construction;

3. The extent to which the requirements of the City and the way in which they are to be met are known;

4. The location of the project;

5. The size, scope, complexity and economics of the project;

6. The amount of financing available for the project, including whether the budget is fixed or what the source of funding is;

7. The availability, qualifications, and experience of the City's personnel to be assigned to the project and how much time the City's personnel can devote to the project;

8. The availability, qualifications and experience of outside consultants and contractors to complete the project under the various methods being considered;

9. The results achieved on similar projects in the past and the methods used; and

10. The comparative advantages and disadvantages of the construction contracting method and how they might be adapted or combined to fulfill the needs of the City.

C. Approved Methods Of Construction Management: The following is a list and description of the more common construction contracting management methods which may be used by the City. The methods listed are not all mutually exclusive, and may be combined on a project. This list is not intended to be fixed in respect to all construction projects. In each project, this list may be adapted to fit the circumstances of that project.

1. Single Prime (General) Contractor: The single prime contractor method is typified by one (1) business, acting as a general contractor, contracting with the procurement unit to timely complete an entire construction project in accordance with drawings and specifications provided by the procurement unit. Generally the drawings and specifications are prepared by an architectural or engineering firm under contract with the City. Further, while the general contractor may take responsibility for successful completion of the project, much of the work may be performed by specialty contractors with whom the prime contractor has entered into subcontracts.

2. Multiple Price Contractors: Under the multiple prime contractor method, the City contracts directly with a number of general contractors or specialty contractors to complete portions of the project in accordance with the City's drawings and specifications. The City may have primary responsibility for successful completion of the entire project, or the contracts may provide that one (1) or more of the multiple prime contractors has this responsibility.

3. Design-Build: In a design-build project, an entity, often a team of a general contractor and a designer, contract directly with the City to meet the City's requirements as described in a set of performance specifications and/or a program. Design responsibility and construction responsibility both rest with the design-build contractor. This method can include instances where the design-build contractor supplies the site as part of the package.

4. Construction Manager Not At Risk: A construction manager is a person experienced in construction that has the ability to evaluate and to implement drawings and specifications as they affect time, cost, and quality of construction and the ability to coordinate the construction of the project, including the administration of change orders as well as other responsibilities as described in the contract.

5. Construction Manager/General Contractor (Construction Manager At Risk): The procurement unit may contract with the construction manager early in a project to assist in the development of a cost effective design. In a Construction Manager/General Contractor (CM/GC) method, the CM/GC becomes the general contractor and is at risk for all the responsibilities of a general contractor for the project, including meeting the specifications, complying with applicable laws, rules and regulations, that the project will be completed on time and will not exceed a specified maximum price. (Ord. 17-14)

A. Requirement For Bid Security: Bid security shall be required for all competitive sealed bidding for construction agreements.

B. Acceptable Bid Security: Acceptable bid security shall be limited to:

1. A bid bond in a form satisfactory to the City underwritten by a company licensed to issue bid bonds in the State of Utah;

2. A cashier's, certified, or official check drawn by a federally insured financial institution;

3. An irrevocable letter of credit; or

4. Cash.

C. Amount Of Bid Security: Bid security shall be in an amount equal to at least five percent (5%) of the amount of the bid.

D. Bid Security; Nonsubstantial Failure To Comply: If a bid does not comply with the security requirements of this rule, the bid shall be rejected as nonresponsive, unless the failure to comply is determined by the Purchasing Agent, or designee, to be nonsubstantial where:

1. Only one (1) bid is received, and there is not sufficient time to rebid the agreement;

2. The amount of the bid security submitted, though less than the amount required by the invitation for bids, is equal to or greater than the difference in the price stated in the next higher acceptable bid;

3. The bid guarantee becomes inadequate as a result of the correction of a mistake in the bid or bid modification in accordance with this chapter, if the bidder increases the amount of guarantee to required limits within forty eight (48) hours after the bid opening.

E. Withdrawal Of Bids: If a bidder is permitted to withdraw its bid before award as provided in subsection 3.10.080F, "Correction Or Withdrawal Of Bids; Cancellation Of Awards", of this chapter, no action shall be held against the bidder or the bid security. (Ord. 17-14)

Every agreement modification, change order, or agreement price adjustment in excess of the lesser of five percent (5%) or ten thousand dollars ($10,000.00) under a construction agreement with the City shall be subject to prior approval by the purchasing agent and the Director of Finance and Administration, after receiving a report from the responsible department director as to the effect of the agreement modification, change order, or agreement price adjustment on the total project budget or the total agreement budget. (Ord. 19-05)

B. Selection Process: A Selection Committee composed of at least three (3) members, including the purchasing agent, or designee, the Director of Public Services or designee, and the department director in need of the architectural and engineering services shall conduct discussions with no less than three (3) firms regarding the proposed agreement and the relative utility of alternative methods of approach for furnishing the required services and shall select from among them no less than three (3) of the firms deemed most qualified to provide the required services. The selection shall be made in order of preference, based on criteria established and published by the Selection Committee.

C. Negotiation: The purchasing agent, or designee, or department director, or designee, shall negotiate an agreement with the firm considered to be the most qualified for architectural and engineering services at compensation which the purchasing agent, or designee, determines in writing to be fair and reasonable to the City. In making this decision, the purchasing agent, or designee, or department director or designee, shall take into account the estimated value, the scope, the complexity, and the professional nature of the services to be rendered. Should the purchasing agent or designee, or department director or designee, be unable to negotiate a satisfactory agreement with the firm considered to be the most qualified at a price the purchasing agent determines to be fair and reasonable to the City, negotiations with that firm shall be formally terminated. The purchasing agent or designee, or department director or designee, shall then undertake negotiations with the second most qualified firm. Should the purchasing agent or designee, or department director or designee, be unable to negotiate an agreement at a fair and reasonable price with any of the selected firms, the selection committee shall select additional firms in order of their competence and qualifications, and Purchasing Agent or designee, or department director or designee, shall continue negotiations in accordance with this section until an agreement is reached. (Ord. 17-14)

It is unlawful for any person to place, deposit or permit to be deposited upon public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage or other objectionable waste. (Ord. 309 Art. 3, § 1, 1975)

Where a public sewer is not available under the provisions of section 13.08.075 of this article, the building sewer shall be connected to a private sewage disposal system, complying with the provisions of this article. (Ord. 309 Art. 4, § 1, 1975)

In accordance with division VII of this article, no person shall construct a building sewer, lateral sewer or make a connection with any public sewer without first obtaining a written permit from the city and paying all fees and connection charges as required in this article. (Ord. 309 Art. 5, § 1, 1975)

In accordance with division VII of this article, no person shall construct, reconstruct, extend or connect to any public sewer without first obtaining a written permit from the city and paying all fees and connection charges and furnishing bonds as required therein. The provisions of this section requiring permits shall not be construed to apply to contractors constructing sewers and appurtenances under contracts awarded and entered into by the city. (Ord. 309 Art. 6, § 1, 1975)

No leaders from roofs and no surface drainage for rainwater shall be connected into any sanitary sewer. No surface or storm water, seepage, cooling water or unpolluted industrial process waters shall be permitted to enter any sanitary sewer by any device or method whatsoever. (Ord. 309 Art. 7, § 1, 1975)

No unauthorized person shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenances or perform any work on any lateral or building sewer without first obtaining a written permit from the city. (Ord. 309 Art. 8, § 1, 1975)

The monthly sewer user charge is established to cover operation and maintenance costs of the system, and to provide funds to pay for capital improvement costs, additions to the system, bonds that have been used to establish the sewage system, or to finance future improvements to the system and to pay the city of Twin Falls, Idaho, for sewage disposal under the agreement with said city. (Ord. 309 Art. 9, § 1, 1975)

No unauthorized person shall maliciously, wilfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the city sewage works. Any person violating this section shall be subject to the penalties provided by law. (Ord. 309 Art. 11, § 1, 1975)

Any person found to be violating any provision of this article or any other ordinance, rule or regulation of the city, except section 13.08.410 of this article, shall be served by the superintendent or other authorized person with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The time limit shall not be less than two (2) or more than seven (7) working days. The offender shall, within the period of time stated in such notice, permanently cease all violations. All persons shall be held strictly responsible for any and all acts of agents or employees done under the provisions of this article or other ordinance, rule or regulation of the city. Upon being notified by the superintendent of any defect arising in any sewer or of any violation of this article, the person or persons having charge of the work shall immediately correct the same. (Ord. 309 Art. 10, § 1, 1975)

The purpose of any conditional use permit shall be to ensure that the proposed use will be rendered compatible with other existing, and permitted uses, located in the general area of the proposed use.

Minor building alterations and/or small expansions to existing facilities, which are proposed for the sole purpose of meeting the requirements of the Americans With Disabilities Act (ADA), shall be waived from a conditional use permit requirement. Specific instances may require a public hearing if it is determined by the Community Development Director that the proposed building modifications involve more substantial work than mere compliance with ADA requirements.

The following uses may be permitted in all zones (except in the Residential Zones unless otherwise herein provided) provided that a conditional use permit is first obtained pursuant to the provisions of part 3 of this article.

Accessory building(s) in any R Zone.

A. Any detached accessory building, except for an accessory dwelling unit, over five hundred (500) square feet in size.

B. Any detached accessory building, except for required garage parking, having a gas hookup or plumbing other than for water supply purposes.

C. Any detached accessory building as described above shall be set back at least five feet (5') from any property line.

Airports, heliports and landing fields.

Alcohol, on premises serving and consumption.

Animal hospitals, veterinarian offices and clinics, and commercial kennels.

Automatic car washes.

Automobile trailer parks.

Bail and surety bond businesses (C-3 Zone only).

Bowling alley, billiard parlor, and similar recreational uses.

Cemeteries.

Churches, temples and other places of worship, including location in any Residential Zones.

Collection facility (CUP required in all Commercial and Manufacturing Districts and prohibited in all other zones).

Columbariums, crematories and mausoleums.

Commercial storage of recreational vehicles and boats in the C-3 Zone only.

Commercial unit or manufacturing unit which is shared by more than one independently owned business enterprise.

Commercial unit or manufacturing unit which is subdivided or split into two (2) or more units.

Community care facility/large, including the R-2 and R-3 Zones, and the C-1, C-1-R, C-2, and C-3 Zones only.

Condominiums, commercial/office.

Condominiums, industrial/manufacturing.

Dairy.

Day treatment hospitals.

Daycare center, including all R Zones.

Draying, freighting or trucking terminals.

Drive-in business.

Dumps.

E-cigarette/vaporizer store.

Educational institutions (including any R Zones).

Entertainment, including karaoke, live bands or performances and public dancing or singing.

Equestrian establishments, including academies, and riding stables.

Establishments or enterprises involving large assemblages of people or automobiles, including the following and similar uses:

Amusement parks.

Circuses, carnivals or fairgrounds.

Labor camps.

Open air theaters.

Racetracks and rodeos.

Stadiums.

Game arcades, including any business establishment with more than four (4) arcade games as an incidental or accessory use.

Games - skill game business, including video and skill game arcades.

Government facilities or uses, including Federal, State and County offices (including any R zoned property designated as institutional on the land use map of the adopted General Plan).

Gymnasiums and health clubs (C-2 Zone only).

Hog ranch.

Homes for the aged (including any R zoned property designated as institutional on the land use map of the adopted General Plan).

Hospitals.

Hotels.

Industrial or manufacturing condominiums.

Living quarters for caretakers at mortuary.

Lodges, meeting halls, and social clubs, including any R zoned property designated as institutional on the land use map of the adopted General Plan.

Massage business or establishment, subject to section 9-1T-9 of this chapter.

Material recycling plant (CUP required in the M-1 and M-2 Zones and prohibited in all other zones).

"Mini-malls" as defined in section 9-1A-9 of this chapter and as regulated by special development standards contained in section 9-1T-4 of this chapter.

Motorcycle sales, service or repairs (excluding the C-1 Zone).

Move-on houses. (See section 9-1F-43 of this article.)

Movie theaters.

Natural resources.

Noncommercial kennels, including location in the residential zones.

Nursery schools, unless otherwise specifically permitted (including R-3).

Nursing and convalescent hospitals (including any R zoned property designated as institutional on the land use map of the adopted General Plan).

Off street parking for commercial, manufacturing or institutional uses on any R zoned property.

Parks, playgrounds and other commercial recreational facilities open to the public.

Plating of metals and finishing of metals.

Private recreational sports courts or facilities, including tennis courts, full basketball courts, skateboard ramps, golf putting enclosures and batting cages. These uses shall not be permitted in the front yard. (Portable or roof mounted basketball hoops or similar small, unlighted features are exempt from the CUP requirement.)

Psychiatric hospitals.

Public utility facilities and utilities operated by mutual companies or agencies in any zone wherein such facilities are not otherwise permitted other than Residential Zones; or water wells and related facilities operated by public or mutual water companies or agencies for the exploration, extraction, productions, and processing of water in any zone of the City, except that no conditional use permit shall be required for:

Any public utility facility for which a building permit is not required pursuant to the City's building regulations; and

Any public utility facility which is designated as a permitted use in a specified zone.

Radio or television towers and transmitters.

Restaurants.

Senior citizen housing as defined in section 9-1Q-2 of this chapter, and regulated by special development standards contained in section 9-1Q-3 of this chapter.

Service stations.

Sewage disposal plants.

Shopping centers having two (2) or more units or more than thirty thousand (30,000) square feet of lot area.

Signs with changeable copy.

Single-family dwelling, new which presents a period or historical architectural style but does not strictly comply with R-1 standards, if there are favorable findings with regard to the following conditions:

A. The proposed dwelling offers a unique and unusual architectural style which is not likely to be achieved within the parameters of the adopted development standards.

B. The proposed dwelling has a positive aesthetic impact upon the surrounding neighborhood.

C. The site for the new single-family dwelling is adequate in size, shape, topography and circumstances.

D. The site has sufficient access to streets and highways, which are adequate in width and pavement type to carry the quantity and quality of traffic generated by the new single-family dwelling.

E. The new single-family dwelling will not have an adverse effect upon the use, enjoyment or valuation of adjacent or neighboring properties or upon the public welfare.

Single room occupancy (SRO) building (C-3 Zone only).

Solid fill project.

Storage or shipping container over one hundred twenty (120) square feet in size or six feet (6') in height.

Subdivisions, including tract maps and parcel maps for flag lots, lot splits and condominium projects.

Theaters.

Tobacco shop.

Towing service as an ancillary or secondary use to a permitted auto repair or service station business conducted as a principal use provided the towing service is operated under the same business name as the principal use and that there be no more than two (2) towing service related vehicles (C-2 and C-3 Zones only).

Wireless communications facilities, refer to section 9-1T-8 of this chapter. (1960 Code; amd. Ord. 82-521; Ord. 83-540; Ord. 85-579; Ord. 86-596; Ord. 88-631; Ord. 88-640; Ord. 89-654; Ord. 90-683; Ord. 90-688; Ord. 91-688; Ord. 91-710; Ord. 92-721; Ord. 92-723; Ord. 92-728; Ord. 92-729; Ord. 92-732; Ord. 93-738; Ord. 93-739; Ord. 93-751; Ord. 94-762; Ord. 95-772; Ord. 98-823; Ord. 02-874; Ord. 02-878; Ord. 05-896; Ord. 08-922; Ord. 10-931; Ord. 13-972; Ord. 13-974; Ord. 13-975; Ord. 14-992; Ord. 16-1010; Ord. 16-1012; Ord. 17-1022; Ord. 17-1026; Ord. 18-1032)

Applications for a variance or conditional use permit shall be filed with the planning department, on forms furnished by the director, setting forth fully the nature of the proposed use, and the facts deemed sufficient to justify the granting of the variance, or conditional use permit, in accordance with the provisions of this article.

The applicant shall furnish to the director a certified copy of the names and addresses of all property owners to whom notice must be mailed as hereinafter provided.

Any applicant may withdraw his application prior to a decision thereon, by filing a written request to do so; no refund of the filing fee shall be permitted in case of withdrawal.

No application may be resubmitted for the same or substantially the same variance or conditional use permit which had previously been denied by the planning commission or the city council within the previous eighteen (18) months. (1960 Code; amd. Ord. 98-830)

Upon recommendation by the director, the body which originally granted the variance or conditional use permit, shall conduct a noticed public hearing to determine whether a variance or conditional use permit, should be revoked. If the revocation relates to a special use permit or zone exception granted by the county, the commission shall conduct a hearing. If the commission or council finds any one of the following facts to be present, it shall revoke the variance or conditional use permit:

A. That the variance or permit was obtained by fraud; or

B. That the use for which such approval was granted has ceased to exist, or has been suspended, for a period of six (6) months or more; or

C. That the permit or variance granted is being, or has been, exercised contrary to the terms and conditions of such approval or in violation of any law; or

D. That the use for which the approval was granted is being exercised so as to be detrimental to the public health or safety, or as to constitute a nuisance.

If the commission conducts the hearing, the action taken by the commission shall be subject to an appeal in the manner prescribed in section 9-1F-26 of this article.

The action of the council shall be final and conclusive. (1960 Code)

The following words, terms and phrases when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

EVENT COORDINATOR: Organizations or individuals who are hosting a for-profit special event.

FOR-PROFIT SPECIAL EVENT: An organized event where more than one (1) peddler, solicitor, mobile outdoor seller or outdoor sellers are offering for retail sale or making retail sales of any goods, products, wares or merchandise for-profit. The event shall be held at a designated location and only during dates and times approved by the City of Grove.

LOCAL COMMUNITY ORGANIZATION: A local not-for-profit organization established for the purpose of promoting tourism, festivals and activities within the City of Grove.

LOCAL COMMUNITY SPECIAL EVENT: An event, festival or activities organized by a local community organization. The event shall be held at a designated location and only during dates and times approved by the City of Grove.

MOBILE OUTDOOR SELLER: Any person or group offering or exposing for retail sale or making retail sales of any goods, products, wares or merchandise or other property of any type from a mobile unit.

MOBILE UNIT: Any vehicle, trailer or structure designed and intended to be mobile and move from place to place for the purpose of offering or exposing for retail sales of any goods, products, wares or merchandise of any type.

OUTDOOR SELLER: Any person offering or exposing for retail sales or making retail sales of, any goods, products, wares or merchandise or other property of any type, at any fixed outdoor location; provided, however, that this definition shall not include brick and mortar merchants who ordinarily and regularly offer such items for retail sale located on the same premises.

PEDDLER: Any person who travels on foot or by any type of conveyance from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, products, wares, merchandise or other property of any type, and offering or exposing the same for retail sale, or making retail sales of such articles to purchasers.

RETAIL SALE OR SALES: Any sale or sales transactions of goods, products, wares, merchandise or other property of any type, except as made by a person engaged in selling such property at wholesale to dealers in such property.

SOLICITOR: Any person who travels on foot or by any type of conveyance from place to place, from house to house, or from street to street, taking or attempting to take orders for the retail sale of goods, products, wares, merchandise or other property of any type, for future delivery, or for services to be furnished or performed in the future. (Ord. 720, 4-5-2016)

A. Notification Of Violation: Whenever the POTW finds that any industrial user has violated or is violating this article, or a wastewater permit, or order issued hereunder, the director or his agent may serve upon said user written notification of the violation. Within twenty (20) days of the receipt of notification an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the director or his agent. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation (NOV). (Ord. 2011-18, 6-28-2011; amd. Ord. 2015-08, 1-27-2015)

B. Consent Orders: The director is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the industrial user responsible for the noncompliance. Such orders will include compliance schedules, stipulated fines or remedial actions, and signatures of the director or his agent, and industry representatives. Consent orders shall have the same force and effect as subsection D of this section and shall be judicially enforceable.

C. Show Cause Order: The director may order any user which causes or contributes to violations of this article, a wastewater permit or order issued hereunder, to show cause why a proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail, return receipt requested, at least ten (10) days prior to the hearing. Such notice may be served on any principal executive, general partner or corporate officer. Whether or not a duly notified industrial user appears as noticed, enforcement action may be pursued as appropriate.

D. Compliance Order: When the director finds that an industrial user has violated or continues to violate this article or a wastewater permit, or order issued hereunder, he may issue an order to the industrial user responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances have been installed and are properly operated, and, compliance is achieved. Orders may also contain other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring, and management practices.

E. Cease And Desist Orders: When the director finds that an industrial user has violated or continues to violate this article or a wastewater discharge permit, or any order issued hereunder, the director may issue an order to cease and desist all illegal or authorized discharges immediately. (Ord. 2005-10, 3-15-2005; amd. Ord. 2010-03, 1-26-2010; Ord. 2015-08, 1-27-2015)

1. In an emergency, the cease and desist order may be given by telephone.

2. In nonemergency situations, the cease and desist order may be used to suspend or permanently revoke the industrial user's wastewater discharge permit.

3. The cease and desist order may order the IU to take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating discharge. (Ord. 2005-10, 3-15-2005)

F. Administrative Fines:

1. Notwithstanding any other section of the enforcement response plan (ERP) or this article, any user who is found to have violated any provision of this article, or wastewater discharge permit or order issued hereunder, may be fined at the discretion of the director in an amount of at least one thousand dollars ($1,000.00) per day for each violation as outlined in the federal regulations. Each day on which a violation occurs or continues to occur, shall be deemed a separate and distinct violation. Unpaid charges, fines, and penalties shall constitute a lien against the user's property. Industrial users desiring to dispute such fines must file a request with the director within ten (10) days of being notified of the fine. Where the director believes a request has merit, he shall convene a hearing on the matter within fifteen (15) days of receiving the request from the industrial user. Violations potentially warranting a minimum one thousand dollar ($1,000.00) fine include, but are not limited to, the following: (Ord. 2011-18, 6-28-2011; amd. Ord. 2015-08, 1-27-2015)

a. Contributing any pollutant or wastewater which will interfere with the operation or performance of the POTW or will pass through the POTW (subsection 7-3A-12B of this article).

b. Failure to provide immediate notification of a spill or slug load (subsection 7-3A-18B1 of this article).

c. Failure to adhere to the requirements of a compliance order (subsection D of this section).

d. Failure to submit a hazardous waste notification (subsection 7-3A-25D of this article).

e. Failure to notify POTW of a self-monitoring violation (subsection 7-3A-25F of this article).

f. Failure to provide notification of changed discharge (subsection 7-3A-25E of this article).

g. Failure to submit baseline monitoring report (subsection 7-3A-25A of this article).

h. Failure to submit periodic compliance report (subsection 7-3A-25C of this article).

i. Failure to document and perform grease interceptor maintenance (subsection 7-3A-19E of this article). (Ord. 2011-18, 6-28-2011)

G. Suspension Of Permit In Emergency Situations:

1. The director may suspend the wastewater discharge permit and/or service of an industrial user whenever such suspension is necessary in order to stop an actual or threatened discharge, presenting or causing, an imminent or substantial endangerment to the health or welfare of persons, the POTW or the environment.

2. Any user notified of a suspension of its wastewater discharge permit or service shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the director shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The director shall allow the user to recommence its discharge when the endangerment has passed, unless the termination proceedings set forth in subsection H of this section are initiated against the user.

3. An industrial user which is responsible, in whole or in part, for imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrences to the director prior to the judicial remedies described following. (Ord. 2005-10, 3-15-2005; amd. Ord. 2010-03, 1-26-2010; Ord. 2015-08, 1-27-2015)

4. Except in emergency situations, noncomplying industrial users will be notified of the proposed suspension of their wastewater discharge permit and offered the opportunity to show cause under subsection C of this section as to why the proposed suspension should not take place.

H. Termination Of Permit: Significant industrial users proposing to discharge into the POTW must first obtain a wastewater discharge permit from the NWRWRF. Any user who violates the conditions of this article or a wastewater discharge permit or order issued hereunder or any applicable state or federal law, is subject to permit termination. The following violations are cause for permit termination:

1. Violation of wastewater discharge permit conditions;

2. Failure to accurately report the wastewater constituents and characteristics of its discharge;

3. Failure to report significant changes in operations or wastewater constituents and characteristics of its discharge;

4. Refusal of reasonable access to the user's premises for the purpose of inspection, sampling, or monitoring;

5. Tampering with, disrupting, or destroying POTW equipment;

6. Failure to report an accidental discharge of a pollutant;

7. Failure to report an upset of the industrial user's treatment facilities.

Except in emergency situations, noncomplying industrial users will be notified of the proposed suspension of their wastewater discharge permit and offered the opportunity to show cause under subsection C of this section, as to why the proposed suspension should not take place.

I. Revocation Of Business License: The village of Fox Lake may revoke any business license issued to any business within Fox Lake if any fines or fees are not paid in a timely manner. The village of Fox Lake also has the right to revoke any business license from any facility within the village of Fox Lake if any compliance orders or mandates issued under this chapter are not met within the scheduled time frame. (Ord. 2005-10, 3-15-2005)

It shall be unlawful for any significant industrial user within the village of Fox Lake or in any area under the jurisdiction of said village of Fox Lake to discharge to the POTW without a wastewater discharge permit. The POTW shall have the authority to require nonsignificant industrial users to acquire a wastewater discharge permit when deemed necessary. (Ord. 2005-10, 3-15-2005)

In SFHA or flood plains, (including AO Zones, AH Zones or unnumbered A Zones) where no floodways have been identified and no base flood or 100-year frequency flood elevations have been established by FEMA, and draining more than a square mile, no development shall be permitted unless the cumulative effect of the proposals, when combined with all other existing and anticipated uses and structures, shall not significantly impede or increase the flow and passage of the floodwaters nor significantly increase the base flood or 100-year frequency flood elevation. (Ord. 95-31, 8-7-95, § 3.)

In addition to requirements found in sections 10-10, 10-11 and 10-12 of this article for development in flood fringes, regulatory floodways, and SFHA or flood plains where no floodways have been identified (zones A, AO, AH, AE, A1-A30, A99, VO, V1-30, VE, V, M or E), the following requirements shall be met:

(a) Public Health Standards:

(1) No developments in the SFHA shall include locating or storing chemicals, explosives, buoyant materials, animal wastes, fertilizers, flammable liquids, pollutants, or other hazardous or toxic materials below the FPE.

(2) New and replacement water supply systems, wells, sanitary sewer lines and on site waste disposal systems may be permitted providing all manholes or other aboveground openings located below the FPE are watertight.

(b) Carrying Capacity And Notification: For all projects involving channel modification, fill, or stream maintenance (including levees), the flood carrying capacity of the watercourse shall be maintained. In addition, the village shall notify adjacent communities in writing thirty (30) days prior to the issuance of a permit for the alteration or relocation of the watercourse.

(c) Protecting Buildings:

(1) All buildings located within a 100-year flood plain also known as an SFHA, shall be protected from flood damage below the flood protection elevation. However, existing buildings located within a regulatory floodway shall also meet the more restrictive appropriate use standards included in section 10-11 of this article. This building protection criteria applies to the following situations:

(A) Construction or placement of a new building;

(B) A structural alteration to an existing building that either increases the first floor area by more than twenty percent (20%) or the building's market value by more than fifty percent (50%);

(C) Installing a manufactured home on a new site or a new manufactured home on an existing site. This building protection requirement does not apply to returning a mobile home to the same site it lawfully occupied before it was removed to avoid flood damage; and

(D) Installing a travel trailer on a site for more than one hundred eighty (180) days.

(2) This building protection requirement may be met by one of the following methods:
A residential or nonresidential building, when allowed, may be constructed on permanent land fill in accordance with the following:

(A) The lowest floor (including basement) shall be at or above the flood protection elevation.

(B) The fill shall be placed in layers no greater than one foot (1') deep before compaction and should extend at least ten feet (10') beyond the foundation of the building before sloping below the flood protection elevation. The top of the fill shall be above the flood protection elevation. However, the ten foot (10') minimum may be waived if a structural engineer certifies an alternative method to protect the building from damages due to hydrostatic pressures. The fill shall be protected against erosion and scour. The fill shall not adversely affect the flow or surface drainage from or onto
neighboring properties.

(3) A residential or nonresidential building may be elevated in accordance with the following:

(A) The building or improvements shall be elevated on crawl space, stilts, piles, walls, or other foundation that is permanently open to flood waters and not subject to damage by hydrostatic pressures of the base flood or 100-year frequency flood. The permanent openings shall be no more than one foot (1') above grade, and consists of a minimum of two (2) openings. The openings must have a total net area of not less than one square inch for every square foot of enclosed area subject to flooding below the Base Flood Elevation.

(B) The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as current, waves, ice and floating debris.

(C) All areas below the flood protection elevation shall be constructed of materials resistant to flood damage. The lowest floor (including basement) and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the flood protection elevation. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the flood protection elevation.

(D) No area below the flood protection elevation shall be used for storage of items or materials.

(E) Manufactured homes and travel trailers to be installed on a site for more than one hundred eighty (180) days, shall be elevated to or above the flood protection elevation; and, shall be anchored to resist flotation, collapse, or lateral movement by being tied down in accordance with the Rules and Regulations for the Illinois Mobile Home Tie-Down Act issued pursuant to 77 Illinois Administrative Code 870.

(4) Only a nonresidential building may be structurally dry floodproofed (in lieu of elevation) provided that a registered professional engineer shall certify that the building has been structurally dry floodproofed below the flood protection elevation, the structure and attendant utility facilities are watertight and capable of resisting the effects of the base flood or 100-year frequency flood. The building design shall take into account flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy, and impacts from debris or ice. Floodproofing measures shall be operable without human intervention and without an outside source of electricity (levees, berms, floodwalls and similar works are not considered floodproofing for the purpose of this subsection).

(5) Nonconforming structures located in a regulatory floodway may remain in use, but may not be enlarged, replaced or structurally altered. A nonconforming structure damaged by flood, fire, wind or other natural or man-made disaster may be restored unless the damage exceeds fifty percent (50%) of its market value before it was damaged, in which case it shall conform to this Article. (Ord. 95-31, 8-7-95, § 3.)

This article is enacted pursuant to the police powers granted to this village by 65 Illinois Compiled Statutes 5/1-2-1, 5/11-12-12, 5/11-30-8 and 5/11-31-2. The purpose of this article is to maintain this village's eligibility in the national flood insurance program; to minimize potential losses due to periodic flooding including loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare; and to preserve and enhance the quality of surface waters, conserve economic and natural values and provide for the wise utilization of water and related land resources. This article is adopted in order to accomplish the specific purposes set out in this division:

(a) To meet the requirements of 615 Illinois Compiled Statutes 5/18g, "An Act in relation to the regulation of the rivers, lakes and streams of the State of Illinois", approved June 10, 1911, as amended;

(b) To assure that new development does not increase the flood or drainage hazards to others, or create unstable conditions susceptible to erosion;

(c) To protect new buildings and major improvements to buildings from flood damage;

(d) To protect human life and health from the hazards of flooding;

(e) To lessen the burden on the taxpayer for flood control projects, repairs to flood damaged public facilities and utilities, and flood rescue and relief operations;

(f) To make federally subsidized flood insurance available for property in the village by fulfilling the requirements of the national flood insurance program;

(g) To comply with the rules and regulations of the national flood insurance program codified as 44 CFR 59-79, as amended;

(h) To protect, conserve, and promote the orderly development of land and water resources;

(i) To preserve the natural hydrologic and hydraulic functions of watercourses and flood plains and to protect water quality and aquatic habitats;

(j) To preserve the natural characteristics of stream corridors in order to moderate flood and storm water impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. (Ord. 95-31, 8-7-1995, § 3.)

This article's protection standard is based on the flood insurance study for the village. If a base flood elevation or 100-year frequency flood elevation is not available for a particular site, then the protection standard shall be according to the best existing data available in the Illinois state water survey's floodplain information repository. When a party disagrees with the best available data, he/she may finance the detailed engineering study needed to replace existing data with better data and submit it to DWR and FEMA. (Ord. 95-31, 8-7-1995, § 3.)

Development in and/or filling of the flood fringe will be permitted if protection is provided against the base flood or 100-year frequency flood by proper elevation, and compensatory storage and other provisions of this article are met. No use will be permitted which adversely affects the capacity of drainage facilities or systems. Developments located within the flood fringe shall meet the requirements of this section, along with the requirements of section 10-13 of this chapter. (Ord. 95-31, 8-7-1995, § 3.)

This section applies to proposed development, redevelopment, site modification or building modification within a regulatory floodway. The regulatory floodway for Des Plaines River shall be as delineated on the regulatory floodway maps designated by DWR and referenced in section 10-6 of this chapter. Only those uses and structures will be permitted which meet the criteria in this section. All floodway modifications shall be the minimum necessary to accomplish the purpose of the project. The development shall also meet the requirements of section 10-13 of this chapter. (Ord. 95-31, 8-7-1995, § 3.)

(a) The first order of business shall be the approval of the minutes of the preceding meeting.

(b) All other matters shall be taken up in the order in which they appear on the agenda prepared by the Manager; provided, that at the request of the President or any Trustee any topic on the agenda may, with the consent of the Board, be considered at any time. (M.C. 1963, § 2.201)

(a) The board of trustees, consisting of six (6) members, shall be elected to office for a four (4) year term, in the manner provided by statute.

(b) The board shall be the legislative department of the village government, and shall perform such duties and have such powers as may be delegated by statute, or by this code or by ordinance. (M.C. 1963, § 2.101)

There is hereby established the Department of Finance, an administrative department of the Village. This Department shall consist of the Director of Finance and such other officers and employees as the Board shall, from time to time, authorize. (M.C. 1963, § 6.101)

(a) There is hereby established the administrative position of Budget Officer.

(b) The Budget Officer shall be appointed by the President, with the advice and consent of the Board, as provided by statute.

(c) The Budget Office shall have knowledge or experience in budgeting and financial control and may concurrently hold any other elected or appointed office in the Village and receive compensation for both offices.

(d) The Budget Officer shall serve at the pleasure of the President.

(e) The Budget Officer shall have control and responsibility over preparation of an annual budget and all other budgetary matters involving the Village and any Village departments, commissions or boards subject to the control of the Village Manager. (M.C. 1963, § 6.101A; amd. Ord. 0-72-5)

There is hereby established the department of community development, an administrative department of the village. This department shall consist of the director of community development and such other employees as the board shall, from time to time, authorize. (Ord. 0-88-42, 7-18-1988)

There is hereby established a department of public works and engineering, an administrative department of the village. This department shall consist of the director of public works and engineering and such other employees as the board shall, from time to time, authorize. (Ord. 0-88-42, 7-18-1988)

(Rep. by Ord. 0-88-42, 7-18-1988)

The board of local improvements of the village shall consist of the president and all village trustees and shall have the powers and duties authorized by statute. The village clerk shall be secretary to the board. (M.C. 1963, § 8.101)

(a) There shall be a board of police commissioners as provided by statute, which shall consist of three (3) members each of whose term shall be for three (3) years. Such members shall be appointed by the president by and with advice and consent of the board of trustees.

(b) The president, by and with the advice and consent of the board of trustees, may appoint not more than two (2) village residents to serve as ex officio members of the board of police commissioners. Such ex officio members shall participate in all activities and meetings of the board, but shall not vote on any matter that comes before the board of police commissioners for consideration, and shall not be included in determining a quorum of the board under the open meetings act or for any voting purposes. Section 2-121 of this division shall not apply to the removal of ex officio members of the board of police commissioners. (Ord. 0-06-06, 2-21-2006)

(c) No person holding a lucrative office of the United States, the state or any political subdivision thereof or a municipality shall be appointed to the board of police commissioners, nor shall any person be appointed to said board who is related either by blood or marriage up to the degree of first cousin to any elected official of the village.

(d) No more than two (2) members of the board shall belong to the same political party existing in the village at the time of such appointments and as defined in the election code of the state.

(e) If only one or no political party exists in the village at the time of such appointments, then state or national political party affiliations shall be considered in making such appointments. Party affiliation shall be determined by affidavit of the person appointed as a member of the board.

(f) Vacancies on the board shall be filled in the same manner as the original appointment. (M.C. 1963, § 8.301; amd. Ord. 0-67-57)

(a) There is hereby created the Deerfield emergency management agency ("EMA") which shall be the agency within the village responsible for coordinating emergency management planning, programs and services within the village, with other political subdivision, with the Illinois emergency management agency and with the federal government, all as provided by law, as prescribed in and by the Illinois emergency management agency plan and program, and as prescribed by such other orders, rules and regulations as may be promulgated by the governor. The Deerfield EMA may also be known and referred to as the office of emergency management ("OEM").

(b) The purpose of the Deerfield OEM is to develop and implement plans to respond to and recover from the occurrence or threat of any disaster or public health emergency so as to prevent, minimize, repair, and alleviate injury or damage to lives and property.

(c) The OEM shall coordinate and perform emergency management functions within the village as are prescribed in this division as well as in the state emergency operations plan, and the programs, orders, rules and regulations as may be promulgated by the Illinois emergency management agency ("IEMA").

(d) The Deerfield OEM shall conduct emergency management functions within the territorial limits of the village. The OEM shall also conduct emergency management functions outside the territorial limits of the village as may be required under mutual aid agreements entered into pursuant to the terms of this division.

(e) The Deerfield OEM shall consist of the coordinator, the chief of police and such additional members as may be selected by the coordinator. (Ord. 0-07-20, 5-7-2007)

(a) There is hereby established a board of building appeals, consisting of seven (7) members who shall be appointed by the president by and with the advice and consent of the board of trustees. The president, by and with the advice and consent of the board of trustees, shall appoint one of the members of the commission to serve as chairman.

(b) With respect to original appointments, the president has, with the advice and consent of the board of trustees, appointed one member of the board of building appeals for a term of one year, one member for a term of two (2) years, one member for a term of three (3) years, one member for a term of four (4) years and one member for a term of five (5) years. Additional appointees required as a result of a change in the number of members of the board of building appeals shall be appointed for a term of five (5) years.

(c) Upon expiration of the term of office of a member of the building board of appeals, his successor shall be appointed for a term of five (5) years. Vacancies shall be filled for an unexpired term in the manner in which the original appointments are required to be made. Continued absence of any member from regular meetings of the board shall, at the discretion of the president and board of trustees, render any such member liable to immediate removal from office by the president. (Ord. 0-77-9, 2-7-1977)

(a) A Police Pension Board is hereby established, consisting of five (5) members. Of these members two (2) shall be appointed by the President; two (2) shall be elected from the regular police force of the Village, and one shall be elected from the beneficiaries of the pension.

(b) Each member shall serve for two (2) years and elected members shall be selected in the manner provided by statute²⁸. (M.C. 1963, § 8.601)

There is hereby established a Plan Commission, which shall consist of seven (7) members to be appointed by the Village President by and with the advice and consent of the Board and the Village President as an ex officio member. The President (with the approval of the Board) shall designate one member to be the chairman of the Plan Commission, to serve for one year. The same member may not serve as chairman for more than two (2) consecutive one year terms. (M.C. 1963, § 8.901; amd. Ord. 0-69-36)

(a) There is hereby established a Board of Zoning Appeals consisting of seven (7) members appointed by the President of the Village by and with the advice and consent of the Board of Trustees. The members of the board, first appointed, shall serve respectively for the following terms:

One (1) for one (1) year.
One (1) for two (2) years.
One (1) for three (3) years.
One (1) for four (4) years.
One (1) for five (5) years.
One (1) for six (6) years.
One (1) for seven (7) years.

(b) The successor of each member so appointed shall serve for a term of five (5) years. Vacancies shall be filled by the President by and with the advice and consent of the Board of Trustees for the unexpired term.

(c) One of the members so appointed shall at the time of his appointment be named as Chairman by the President with the advice and consent of the Board of Trustees. The Chairman, or in his absence the acting Chairman, may administer oath and compel the attendance of witnesses.

(d) The board may select one member as Secretary or may employ a secretary to keep minutes and maintain the records of the Board of Zoning Appeals, whose duty it shall be to keep a full and detailed record of all its proceedings. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision and determination of the board shall be filed immediately in the office of the board and shall be of public record.
(M.C. 1963, § 8.1001 as amended by Ord. No. 0-66-26.)

(a) There is hereby established An Electrical Commission consisting of six (6) members appointed by the President with the advice and consent of the Board.

(b) The Chief Electrical Inspector shall be a member and ex officio chairman of such Commission; of the other five (5) members, one (1) shall be a registered professional engineer, one (1) an electrical contractor, one (1) a journeyman electrician, one (1) a representative of an Inspection Bureau maintained by the Fire Underwriters (or, if no such representative resides in the Village, then the Chief of the Fire Department), and one (1) a representative of an electrical supply house. (If there is no person residing in the Village who is qualified under any one of these descriptions, the President may appoint some other person to fill such position with the advice and consent of the Board.)

(c) Such members, commencing May 1, 1967, shall be appointed for two (2) year terms or until their successors shall be appointed and qualify, and thereafter such members shall be appointed for four (4) year terms or until their successors shall be appointed and qualify.
(M.C. 1963, § 8.1101; Ord. No. 0-64-4; Ord. No. 0-66-3; Ord. No. 0-67-20.)

Each taxicab company licensed by the village shall provide a complete rate schedule to the village. Not less than seven (7) days prior to any change in any portion of the rate schedule by any licensee, said licensee shall file a schedule of the proposed rate changes with the office of the village manager. (Ord. 0-97-21, 5-19-1997, eff. 6-1-1997)

(a) There shall be no fee for a certificate of public convenience and necessity.

(b) The annual fee for a public passenger vehicle license issued under this chapter shall be as set forth in the annual fee resolution adopted by the corporate authorities.

(c) The annual fee for a chauffeur license issued under this chapter shall be as set forth in the annual fee resolution adopted by the corporate authorities. (Ord. 0-12-36, 10-1-2012)

(a) All persons engaged in the public passenger vehicle business in the village operating under the provisions of this chapter shall operate every public passenger vehicle regularly in the municipality to the extent reasonably necessary to meet the public demands for passenger service. They shall answer all calls received by them for service inside the corporate limits of the municipality as soon as they can do so and if said service cannot be rendered within a reasonable time, they shall notify the prospective passengers of how long it will be before the said call can be answered and give the reason therefor. Any licensee who shall refuse to accept a call anywhere within the corporate limits of the municipality at any time when such licensee has available vehicles, or who shall fail or refuse to give overall service, shall be deemed in violation of this chapter and said license may be subject to suspension or revocation. (Ord. 0-91-55, 12-16-1991)

It shall be unlawful for any person to operate any public passenger vehicle for hire within the Village, unless the driver of said public passenger vehicle shall have first obtained and have in full force and effect a valid chauffeur license issued under the provisions of this Article. (Ord. 0-91-55, 12-16-91)

(a) Every licensed taxicab shall bear on both sides of the vehicle the name of the taxicab company, its telephone number, and an insignia or logo approved by the Chief of Police. Such vehicle identification shall be in contrast to the color of the vehicle and in lettering no less than two inches (2") in height and no greater than five inches (5") in height.

(b) Each taxicab shall bear on both exterior sides of the vehicle, in arabic numerals, the identification number assigned to such vehicle by the taxicab company in lettering no less than three inches (3") in height and no greater than five inches (5") in height. The taxicab identification number shall also be conspicuously located within the passenger compartment of said vehicle in lettering no less than four inches (4") in height and no greater than five inches (5") in height.

(c) No taxicab licensed under this Chapter, shall have a color scheme, identifying design, logo, monogram and/or insignia that, in the opinion of the Chief of Police, imitates or is similar to color scheme, identifying design, logo, monogram and/or insignia of any other licensed taxicab company or municipal vehicle of the Village of Deerfield. (Ord. 0-91-55, 12-16-91)

(a) All public passenger vehicles shall be inspected at least three (3) times during the year as ordered by the Chief of Police.

(b) Any public passenger vehicle company or owner, after being notified to submit all their public passenger vehicles for inspection, will be allowed seven (7) days after the date designated by the Chief of Police to have their vehicles inspected. After seven (7) days, the license of each public passenger vehicle not inspected will be suspended by the direction of the Village Manager.

(c) Such public passenger vehicle inspections shall be conducted at an authorized inspection station, as designated by the Chief of Police, and shall include, but not be limited to, the verification of testing of the following under the criteria and procedures set forth by the Chief of Police:

(1) Vehicle make, model year and vehicle identification number.

(2) State license number and year.

(3) Village public passenger vehicle license number and year.

(4) Company name.

(5) Vehicle color scheme and insignia.

(6) Front and rear brakes.

(7) Emergency brake.

(8) Horn.

(9) Rearview mirror.

(10) Windshield wipers and washers.

(11) Headlights.

(12) Taillights.

(13) Brake lights.

(14) Turn signals.

(15) Speedometer.

(16) Taximeter.

(17) Rates of fare displayed.

(18) Steering.

(19) Interior condition.

(20) Exterior condition.

(21) Windows.

(22) Tires.

(23) Exhaust system.

(24) Current bond sticker.

Items (5), (16) and (17) enumerated above shall not be applicable to a livery vehicle as defined in this Chapter.

(d) If any public passenger vehicle fails to pass inspection as required in this Section 18-13, a period of five (5) working days will be allowed to complete the required repairs. The vehicle cannot be used as a public passenger vehicle for hire until repairs have been completed and it passes reinspection. If repairs are not completed, and the public passenger vehicle does not pass reinspection within the five (5) working day period, its public passenger vehicle license will be suspended by direction of the Village Manager.

(e) Subject to rules and regulations of the Board of Trustees, no person owning or operating a public passenger vehicle shall permit advertising matter to be affixed to the exterior of such public passenger vehicles. (Ord. 0-91-55, 12-16-91)

It shall be unlawful to operate a public passenger vehicle, as defined in Article 1 of this Chapter, for hire within the corporate limits of the Village of Deerfield unless said vehicle is licensed and operated in accordance with the provisions of this Chapter. (Ord. 0-91-55, 12-16-91)

No person, firm or corporation shall engage in the business of a taxicab company, as defined in Article 1 of this Chapter, within the corporate limits of the Village; except in compliance with provisions of this Chapter. It shall be unlawful to engage in the business of a taxicab company unless such person has applied for and obtained a certificate of public convenience and necessity. (Ord. 0-91-55, 12-16-91)

A. Purchasing Agent's Discretion: Subject to the limitations in this section, the Purchasing Agent, or designee, shall have discretion to select the appropriate method of construction contracting management for a particular project. In determining which method to use, the Purchasing Agent, or designee, shall consider the City's requirements, its resources, and the potential contractor's capabilities. The Purchasing Agent, or designee, shall cause to be executed, and included in the procurement file, a written statement setting forth the facts which led to the selection of a particular method of construction contracting management for each project.

B. Factors: Before selecting the construction contracting method to use, a careful assessment must be made by the Purchasing Agent or designee. The assessment may consider the following factors:

1. When the project must be ready to be occupied;

2. The type of project, for example, housing, offices, labs, heavy or specialized construction;

3. The extent to which the requirements of the City and the way in which they are to be met are known;

4. The location of the project;

5. The size, scope, complexity and economics of the project;

6. The amount of financing available for the project, including whether the budget is fixed or what the source of funding is;

7. The availability, qualifications, and experience of the City's personnel to be assigned to the project and how much time the City's personnel can devote to the project;

8. The availability, qualifications and experience of outside consultants and contractors to complete the project under the various methods being considered;

9. The results achieved on similar projects in the past and the methods used; and

10. The comparative advantages and disadvantages of the construction contracting method and how they might be adapted or combined to fulfill the needs of the City.

C. Approved Methods Of Construction Management: The following is a list and description of the more common construction contracting management methods which may be used by the City. The methods listed are not all mutually exclusive, and may be combined on a project. This list is not intended to be fixed in respect to all construction projects. In each project, this list may be adapted to fit the circumstances of that project.

1. Single Prime (General) Contractor: The single prime contractor method is typified by one (1) business, acting as a general contractor, contracting with the procurement unit to timely complete an entire construction project in accordance with drawings and specifications provided by the procurement unit. Generally the drawings and specifications are prepared by an architectural or engineering firm under contract with the City. Further, while the general contractor may take responsibility for successful completion of the project, much of the work may be performed by specialty contractors with whom the prime contractor has entered into subcontracts.

2. Multiple Price Contractors: Under the multiple prime contractor method, the City contracts directly with a number of general contractors or specialty contractors to complete portions of the project in accordance with the City's drawings and specifications. The City may have primary responsibility for successful completion of the entire project, or the contracts may provide that one (1) or more of the multiple prime contractors has this responsibility.

3. Design-Build: In a design-build project, an entity, often a team of a general contractor and a designer, contract directly with the City to meet the City's requirements as described in a set of performance specifications and/or a program. Design responsibility and construction responsibility both rest with the design-build contractor. This method can include instances where the design-build contractor supplies the site as part of the package.

4. Construction Manager Not At Risk: A construction manager is a person experienced in construction that has the ability to evaluate and to implement drawings and specifications as they affect time, cost, and quality of construction and the ability to coordinate the construction of the project, including the administration of change orders as well as other responsibilities as described in the contract.

5. Construction Manager/General Contractor (Construction Manager At Risk): The procurement unit may contract with the construction manager early in a project to assist in the development of a cost effective design. In a Construction Manager/General Contractor (CM/GC) method, the CM/GC becomes the general contractor and is at risk for all the responsibilities of a general contractor for the project, including meeting the specifications, complying with applicable laws, rules and regulations, that the project will be completed on time and will not exceed a specified maximum price. (Ord. 17-14)

A. Requirement For Bid Security: Bid security shall be required for all competitive sealed bidding for construction agreements.

B. Acceptable Bid Security: Acceptable bid security shall be limited to:

1. A bid bond in a form satisfactory to the City underwritten by a company licensed to issue bid bonds in the State of Utah;

2. A cashier's, certified, or official check drawn by a federally insured financial institution;

3. An irrevocable letter of credit; or

4. Cash.

C. Amount Of Bid Security: Bid security shall be in an amount equal to at least five percent (5%) of the amount of the bid.

D. Bid Security; Nonsubstantial Failure To Comply: If a bid does not comply with the security requirements of this rule, the bid shall be rejected as nonresponsive, unless the failure to comply is determined by the Purchasing Agent, or designee, to be nonsubstantial where:

1. Only one (1) bid is received, and there is not sufficient time to rebid the agreement;

2. The amount of the bid security submitted, though less than the amount required by the invitation for bids, is equal to or greater than the difference in the price stated in the next higher acceptable bid;

3. The bid guarantee becomes inadequate as a result of the correction of a mistake in the bid or bid modification in accordance with this chapter, if the bidder increases the amount of guarantee to required limits within forty eight (48) hours after the bid opening.

E. Withdrawal Of Bids: If a bidder is permitted to withdraw its bid before award as provided in subsection 3.10.080F, "Correction Or Withdrawal Of Bids; Cancellation Of Awards", of this chapter, no action shall be held against the bidder or the bid security. (Ord. 17-14)

A. Public Announcement: It is the policy of the City to announce publicly all requirements for construction contract management, architectural and engineering services over one hundred thousand dollars ($100,000.00), and to negotiate such agreements on the basis of demonstrated competence and qualifications at fair and reasonable prices. In the procurement of architectural and engineering services, the purchasing agent, or designee, shall request firms to submit a statement of qualifications and performance data.

B. Selection Process: A Selection Committee composed of at least three (3) members, including the purchasing agent, or designee, the Director of Public Services or designee, and the department director in need of the architectural and engineering services shall conduct discussions with no less than three (3) firms regarding the proposed agreement and the relative utility of alternative methods of approach for furnishing the required services and shall select from among them no less than three (3) of the firms deemed most qualified to provide the required services. The selection shall be made in order of preference, based on criteria established and published by the Selection Committee.

C. Negotiation: The purchasing agent, or designee, or department director, or designee, shall negotiate an agreement with the firm considered to be the most qualified for architectural and engineering services at compensation which the purchasing agent, or designee, determines in writing to be fair and reasonable to the City. In making this decision, the purchasing agent, or designee, or department director or designee, shall take into account the estimated value, the scope, the complexity, and the professional nature of the services to be rendered. Should the purchasing agent or designee, or department director or designee, be unable to negotiate a satisfactory agreement with the firm considered to be the most qualified at a price the purchasing agent determines to be fair and reasonable to the City, negotiations with that firm shall be formally terminated. The purchasing agent or designee, or department director or designee, shall then undertake negotiations with the second most qualified firm. Should the purchasing agent or designee, or department director or designee, be unable to negotiate an agreement at a fair and reasonable price with any of the selected firms, the selection committee shall select additional firms in order of their competence and qualifications, and Purchasing Agent or designee, or department director or designee, shall continue negotiations in accordance with this section until an agreement is reached. (Ord. 17-14)

In addition to the definitions set forth in model codes adopted in this article, the following regulations shall apply to this division:

ADULTERATED. The condition of a food: 1) if it bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health; 2) if it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by regulation, or in excess of such tolerance if one has been established; 3) if it consists in whole or in part of any filthy, putrid or decomposed substance, or if it is otherwise unfit for human consumption; 4) if it has been processed, prepared, packed or held under unsanitary conditions, whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; 5) if it is in whole or in part the product of a diseased animal or an animal which has died otherwise than by slaughter; or 6) if its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.

APPROVED. Acceptable to the health authority based on his determination as to conformance with appropriate standards and good public health practice.

CLOSED. Fitted together snugly leaving no openings large enough to permit the entrance of vermin.

FOOD DELIVERY VEHICLE. Any vehicle used for the storage or carrying of any food or drink which is intended for human consumption in the Village, and whose purpose is the delivery of such food or beverage to any residence or to any other place in the Village for such use or consumption, or for resale for the same purposes.

FOOD STORE. A grocery store, butcher store, delicatessen store, confectionery store, bakery store, butter and egg store, fruit and vegetable store, fish store, ice cream store, or any combination of the foregoing, or any place where food or drink is prepared, handled, stored, offered for sale or sold at wholesale or retail.

HEALTH AUTHORITY. The Health Officer of the Village or his designated representative.

MISBRANDED. The presence of any written, printed or graphic matter upon or accompanying food or containers of food which is false or misleading or which violates any applicable State or local labeling requirements.

PERISHABLE FOOD. Any food of such type or in such condition as may spoil.

RESTAURANT. An eating place open to the public or accessible to dues paying members of such eating place.

SAFE TEMPERATURES. As applied to potentially hazardous food, shall mean temperatures of forty five degrees Fahrenheit (45°F) or below, one hundred forty degrees Fahrenheit (140°F) or above.

TEMPORARY FOOD SERVICE ESTABLISHMENT OR FOOD STORE. Any food service establishment or food store which operates at a fixed location for a temporary period of time, not to exceed two (2) weeks, in connection with a fair, carnival, circus, public exhibition or similar transitory gathering.

WHOLESOME. In sound condition, clean, free from adulteration and otherwise suitable for use as human food. (1986 Code; amd. Ord. 18-1728, 9-17-2018)

All sewage from food service establishments and food stores shall be disposed of in a public sewerage system. (1986 Code)

The operator's permit number, of a size and style approved by the health authority, shall be conspicuously displayed on each vending machine operated by him. (1986 Code)

Regulation of the collection and disposal of refuse in the village of Northfield under the provisions of this code shall be under the supervision of the building commissioner. His power and duties shall include, but not be limited to: 1) conducting periodic inspections to ensure full compliance with the terms and provisions of this article, and 2) suspending the license of any solid waste collection firm licensed hereunder. (Ord. 91-662, 1-28-1991)

It shall be the duty of every customer in possession of any premises to cause all garbage produced on the premises to be thoroughly drained of surplus liquid, securely wrapped or bagged in paper or plastic bags, or packed in a covered box or carton of such dimensions as will permit its free removal from a solid waste container. After such wrapping or bagging, the garbage shall be deposited in a solid waste container as soon as practicable. All other garbage materials shall be securely wrapped or bound as may be necessary to prevent the scattering of same and shall be deposited in a refuse container or as otherwise prescribed herein. (Ord. 91-662, 1-28-1991)

All premises whether single-family (attached and detached) residential, multi-family, institutional, commercial, and industrial shall be served exclusively by a single contractor licensed by the village pursuant to section 8-55 of this article to provide such service. All owners, occupants or users of single-family (attached and detached) residential, multi-family, institutional, commercial, and industrial premises are prohibited from hiring any private solid waste collection and disposal service in lieu of the licensed village contractor and are required to take service from the licensed village contractor. (Ord. 91-662, 1-28-1991)

Persons violating any provisions of this article shall be fined, for each offense, in accordance with appendix D, article III of this Code. Additionally, a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 03-1144, 2-18-2003)

The village manager is hereby authorized to make any reports and such requests for services to the state environmental protection agency as are deemed necessary for the welfare of the community. (1986 Code)

It shall be unlawful for any person to pollute any watercourse or water supply in the Village.

It shall be unlawful for any person to establish a cross-connection between the public water system of the Village and any other water system or well. (Ord. 92-738, 9-21-1992)

It shall be unlawful to permit any premises in the Village to become a breeding site for flies or to become infested with flies in such a way as to endanger health or permit the spread of flies to other premises. (1986 Code)

Applicants for a permit under this article shall file with the City Clerk a verified application in writing on a form provided by the City Clerk, which shall contain the applicant's following information:

A. Full name (including any alias or previously used names), description, birth date and social security number;

B. Copy of photo ID;

C. Address both physical and mailing;

D. Local address if different than physical address;

E. A brief description of the business to be conducted, and the items to be sold;

F. The time period the applicant desires to conduct business;

G. The license number and description of any vehicle to be used (if applicable);

H. A verification that the applicant or the applicant's employer is a vendor registered with the Oklahoma Tax Commission, or other proof that local and State Sales Tax is being collected and paid on the items sold or to be sold; or proof that the applicant or applicant's employer is exempt from the payment of Sales Tax;

I. The content of any signs used, and proof a sign permit has been issued;

J. If employed by another, the name and address of the applicant's employer, together with a brief description of credentials showing the exact relationship;

K. A statement of whether the applicant has been convicted of a felony, the nature of the offense and the punishment or penalty assessed therefor. (Ord. 720, 4-5-2016)

A written application for a permit required by the provisions of this Article shall be subscribed and sworn to by the president or other chief officer of the organization making the application and filed with the Supervisor of Licenses fifteen (15) days prior to the time when a permit is desired. The application shall contain the information required by 18 Oklahoma Statutes section 552.3, as amended, and may be a duplicate of the information provided to the Oklahoma Tax Commission. (Ord. 438, 4-6-1999)

A. Report Of Contributions Received; Expenses; Disbursal: Every person, except as otherwise provided, soliciting any contribution for any charitable purpose shall file with the Supervisor of Licenses within thirty (30) days after the close of any solicitation or within thirty (30) days after a demand therefor by the Supervisor of Licenses, a report of the Supervisor of Licenses stating the contributions secured from or as a result of any solicitation. The report shall also include in detail all expenses of or connected with such solicitation, showing exactly for what uses and in what manner all such contributions were or are to be disbursed or distributed.

B. Forms To Be Supplied By Supervisor Of Licenses; Signatures Required; Who Must File: Such report shall be on forms to be furnished by the Supervisor of Licenses and signed by the persons or association filing or obligated to file for a permit, and the report, if made by any association, shall be signed by at least two (2) officers thereof. When any solicitation is made by an association, the report need be filed only by the association and not by any individual solicitor engaged in the solicitation.

C. Reports Of Charitable Solicitation Permittee: The City Manager may require from any permittee, under this Article any additional reports or information at any time and at such intervals as in the discretion of the City Manager shall be necessary for the successful administration of the provisions of this Article and the protection of health, life, and property of citizens. (Ord. 438, 4-6-1999)

A. A representative of the farmer's market must submit a farmer's market application.

B. Each participant shall submit a vendor application.

C. The representative shall provide each vendor with an identification (ID) tag showing they are permitted to participate in the farmer's market. Each vendor shall display the ID at all times during operating hours of the farmer's market. If vendor does not display the ID tag, they will not be allowed to participate in the farmer's market, and may receive a citation. (Ord. 720, 4-5-2016)

No farmer's market shall engage in business within any portion of any public right-of-way, unless a designated area is authorized by the City of Grove. (Ord. 720, 4-5-2016)

The city shall determine the total annual costs of operation and maintenance of the wastewater system which are necessary to maintain the capacity and performance, during the service life of the collection system, for which such system was designated and constructed. The total annual cost of operation and maintenance shall include, but need not be limited to, labor, repairs, equipment replacement, maintenance, necessary modifications, power, sampling, laboratory tests, and a reasonable contingency fund. (Ord. 12-08-09.35, 12-8-2009)

While performing the necessary work on private properties referred to in section 9-4B-41 of this article, the city sewer superintendent, the district superintendent or duly authorized employees of the city or district 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 city or district employees, and the city or district shall indemnify the company against loss or damage to its property by city or district employees and against liability claims and demands for personal injury or property damages asserted against the company growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required by section 9-4B-34 of this article. (Ord. 12-08-09.35, 12-8-2009)

Stormwater, other than that exempted under section 9-4B-29 of this article, and all other unpolluted drainage, shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the city sewer superintendent and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the city sewer superintendent, to a storm sewer or natural outlet. (Ord. 12-08-09.35, 12-8-2009)

A. There shall be two (2) classes of building sewer permits:

1. For residential and commercial service; and

2. For service to establishments producing industrial wastes. (Ord. 12-08-09.35, 12-8-2009)

B. In either case, the owner or his agent shall make application on a form furnished by the city and, in the case of establishments producing industrial wastes, also shall make application for a discharge permit to the district. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the city sewer superintendent. A permit and inspection fee as established in the city fee schedule shall be paid to the city at the time the application is filed, together with any permit and inspection fees required by the district. (Ord. 12-08-09.35, 12-8-2009; amd. 2015 Code)

Unless the context specifically indicates otherwise, the following terms and phrases used in this article shall have the following meanings:

ACT: The federal water pollution control act, as amended by the clean water act and the water quality act of 1987, 33 USC 1251 et seq.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER: A. In the case of a corporation, a president, secretary, treasurer or vice president of the corporation in charge of a principal business function;

B. In the case of a partnership or proprietorship, a general partner or proprietor; and

C. An authorized representative of the individuals designated above, if:

1. Such representative is responsible for the overall operation of the facilities from which the discharge into the POTW originates;

2. The authorization is in writing; and

3. The written authorization is submitted to the POTW.

BIOCHEMICAL OXYGEN DEMAND (BOD): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five (5) days at twenty degrees centigrade (20°C), expressed in terms of weight and concentration (milligrams per liter (mg/l)).

BUILDING DRAIN: That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (5') (11 m) outside the inner face of the building wall.

BUILDING SEWER: The extension from the building drain to the public sewer or other place of disposal. Also called house connection.

BYPASS: The intentional diversion of waste streams from any portion of an industrial user's treatment facility.

CAUSE: The separate antecedent of an event, that which produces an effect, whatever moves, impels or leads to a result or action; whether direct or indirect and whether alone or in concert with others.

CHEMICAL OXYGEN DEMAND: A measure of oxygen consuming capacity of inorganic and organic matter present in water or wastewater. It is expressed as the amount of oxygen consumed from a chemical oxidant in a specific test. Results are not necessarily related to BOD because the chemical oxidant may react to substances that bacteria do not stabilize.

CITY: Lehi City, Utah, or the city council of Lehi City.

CITY SEWER SUPERINTENDENT: The city officer charged with the responsibility to maintain, repair, supervise and control the city sewer system.

COMBINED SEWER: A sewer to receive both wastewater and storm or surface water.

COMPOSITE SAMPLE: Samples, which are flow proportioned and shall, as a minimum, contain at least four (4) samples collected over the compositing period. Unless otherwise specified, the time between the collection of the first sample and last sample shall not be less than six (6) hours nor more than twenty four (24) hours. Acceptable methods for preparation of composite samples are as follows:

A. Constant time interval between samples, sample volume proportional to flow rate at time of sampling;

B. Constant time interval between samples, sample volume proportional to total flow (volume) since last sample. For the first sample, the flow rate at the time the sample was collected may be used;

C. Constant sample volume, time interval between samples proportional to flow (i.e., sample taken every "X" gallons of flow); and

D. Continuous collection of sample, with sample collection rate proportional to full rate.

DIRECT DISCHARGE: A discharge of treated or untreated wastewater directly to the waters of the state of Utah.

DISTRICT: The Timpanogos special service district, a special service district.

DISTRICT SUPERINTENDENT: The superintendent of wastewater facilities of the district or his authorized deputy, agent or representative.

EASEMENT: An acquired legal right for the specific use of land owned by others.

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: The animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.

GRAB SAMPLE: A sample which is taken from a waste stream on a onetime basis with no regard to the flow in the waste stream and without consideration of time.

INDIRECT DISCHARGE: The introduction of pollutants into a POTW from any nondomestic source regulated under section 307(b), (c) or (d) of the federal water pollution control act, also known as the clean water act, as amended, 33 USC section 1251 et seq.

INDUSTRIAL USER: Any person who introduces pollutants into a POTW from any nondomestic source regulated under the act, state law or local ordinance.

INDUSTRIAL WASTES: The wastewater from industrial processes, trade or business as distinct from domestic or sanitary wastes.

INTERFERENCE: Any discharge which alone or in conjunction with a discharge or discharges from other sources, both:

A. Inhibits or disrupts the POTW and any of its process or operations, or its sludge use or disposal; and

B. Therefor is the cause of violation (including an increase in the magnitude or duration of a violation) of any requirement of the POTW's NPDES permit or federal, state or local sludge standards.

MAY: Is permissive.

NPDES OR STATE DISCHARGE PERMIT: A permit issued pursuant to section 402 of the federal water pollution control act (33 USC 1342).

NATIONAL PRETREATMENT STANDARD, PRETREATMENT STANDARD OR STANDARD: Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the act (33 USC 1317), which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR section 403.5, or any revision thereto.

NATURAL OUTLET: Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface or ground water.

NEW SOURCE: Any building, structure, facility or installation of which the construction commenced after the publication of proposed pretreatment standards under section 307(c) (33 USC 1317) which will be applicable to such source if such standards are thereafter promulgated in accordance with that section; provided, that:

A. The construction is a site at which no other source is located; or

B. The process or production equipment that causes the discharge of pollutants at an existing source is totally replaced; or

C. The production or wastewater generating processes are substantially independent of an existing source at the same site.

PASS-THROUGH: A discharge which exits the POTW into waters of the state in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, causes a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).

PERSON: Any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agent or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.

pH: The logarithm (base-10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

POLLUTANT: Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, commercial and agricultural waste, or any other contaminant.

PRETREATMENT: The reduction, elimination or alteration of pollutant properties to a less harmful state prior to or in lieu of discharge or introduction into a POTW. This can be accomplished by physical, chemical or biological processes, process changes, or other means, except as prohibited by 40 CFR section 403.6(d).

PROPERLY SHREDDED GARBAGE: The wastes from the preparation, cooking and dispensing of food that has 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 one-half inch (¹/₂") (1.27 cm) in any dimension.

PUBLIC SEWER: A common sewer controlled by a governmental agency or public utility.

PUBLICLY OWNED TREATMENT WORKS (POTW): A treatment works, as defined by section 212 of the act, including any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage and industrial waste. The systems include sewers, pipes and equipment used to convey wastewater to the treatment facility. The term also includes the municipality, as defined in section 502(4) of the act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.

SANITARY SEWER: A sewer that carries liquid and water carried wastes from residences, commercial buildings, industrial plants and institutions, together with minor quantities of ground, storm and surface waters that are not admitted intentionally.

SEVERE PROPERTY DAMAGE: Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

SEWAGE: The spent water of a community. The preferred term is "wastewater".

SEWER: A pipe or conduit that carries wastewater or drainage water.

SHALL: Is mandatory.

SIGNIFICANT INDUSTRIAL USER: Any industrial user subject to national categorical pretreatment standards or any industrial user of the district wastewater disposal system who:

A. Has a discharge flow of twenty five thousand (25,000) gallons or more per average workday; or

B. Has a flow greater than five percent (5%) of the flow in the district wastewater treatment system; or

C. Has in its wastes toxic pollutants, as defined pursuant to section 307 of the federal water pollution control act, or state law or regulation; or

D. Is found by the POTW or the state to have significant impact, either alone or in combination with other contributing industries, on the wastewater treatment systems, the quality of sludge, the POTW's effluent discharge quality, or the air emissions generated by the system.

SIGNIFICANT NONCOMPLIANCE: An industrial user is in significant noncompliance (SNC) if its violation meets one or more of the following criteria:

A. Chronic violations of wastewater discharge limits, defined herein as those in which sixty six percent (66%) or more of all the measurements taken during a six (6) month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter.

B. Technical review criteria (TRC) violations, defined herein as those in which thirty three percent (33%) or more of all of the measurements for each pollutant parameter taken during a six (6) month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable TRC.

C. Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the control authority determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public).

D. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or to the environment, or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge.

E. Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance.

F. Failure to provide, within thirty (30) days after the due date, required reports, such as baseline monitoring reports, ninety (90) day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules.

G. Failure to accurately report noncompliance.

H. Any other violation or group of violations which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.

SLUG: Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty four (24) hour concentration of flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.

STATE: The state of Utah.

STORM DRAIN (Sometimes Termed STORM SEWER): A drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.

STORMWATER: Any flow occurring during or following any form of natural precipitation and resulting therefrom.

TOTAL SUSPENDED SOLIDS: The total suspended matter that floats on the surface of, or is suspended in water, wastewater or other liquids, and which is removable by laboratory filtering.

TOXIC POLLUTANT: Any pollutant or combination of pollutants identified as toxic pursuant to section 307(a) of the federal water pollution control act or other federal statutes, or in regulations promulgated by the state under state law.

TREATMENT: The process to which wastewater is subjected in order to remove or alter any objectionable constituents and thus render it acceptable for introduction into the waters of the state.

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 benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.

USER: Any person who discharges to a public sewer.

WASTEWATER: The liquid and water carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, whether treated or untreated.

WATERCOURSE: A natural or artificial channel for the passage of water either continuously or intermittently.

WATERS OF THE STATE: Includes:

A. Both surface and underground waters within the boundaries of this state, subject to its jurisdiction, including all ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within this state, other than those designed and used to collect, convey or dispose of sanitary sewage; and

B. The floodplain of free flowing waters determined by the department of natural resources on the basis of 100-year flood frequency. (Ord. 12-08-09.35, 12-8-2009)

The city will pay to the district, in accordance with the terms of the contractual agreement between the parties, the fees and charges imposed by the district for treatment of the sewage passing from the city sewer lines and collectors into the district outfall lines. The district shall charge directly industrial users for inspections, sampling, permits and for industrial user surcharges and, at the request of the district, the city will terminate water service to any industrial user not paying the fees and charges billed by the district in accordance with its pretreatment regulations, permit schedules, inspection schedules and surcharge schedules. (Ord. 12-08-09.35, 12-8-2009)

It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article. (Ord. 12-08-09.35, 12-8-2009)

Before commencement of construction of a private wastewater disposal system, the owners shall first obtain a written permit from the city sewer superintendent and shall comply with all applicable requirements of the Utah County health department. The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the city sewer superintendent. A permit and inspection fee as established in the city fee schedule shall be paid to the city at the time the application is filed. (Ord. 12-08-09.35, 12-8-2009; amd. 2015 Code)

A. No user shall contribute or cause to be contributed, directly or indirectly to a POTW operated by the district, any pollutant or wastewater which will pass through or cause interference with the operation or performance of the POTW.

B. No user shall contribute the following substances to any POTW:

1. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit (140°F) or sixty degrees centigrade (60°C) using the test methods specified in 40 CFR 261.21.

2. Solid or viscous substances in amounts which will cause obstruction to the flow in the POTW resulting in interference, such as, but not limited to: grease, garbage with particles greater than one-half inch (¹/₂") in any dimension, or any material which can be disposed of as trash.

3. Pollutants which will cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0 or greater than 9.5, unless the works is specifically designed to accommodate such discharges.

4. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through.

5. Pollutants which result in the presence of toxic gases vapor or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

6. Any trucked or hauled pollutants, except at discharge points designated by the district.

7. Any wastewater containing a toxic pollutant which may cause interference with any wastewater treatment process, constitute a hazard to humans or animals, contaminate the sludge or pass through the POTW and pollute the waters of the state.

8. Any substance which may create a public nuisance, cause hazard to life or prevent entry into the sewers for maintenance and repair.

9. Heat in amounts which will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the POTW treatment plant exceeds forty degrees centigrade (40^oC) (104^oF).

10. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW, including slug loads. (Ord. 12-08-09.35, 12-8-2009)

11. Any wastewater having effluent characteristics in excess of the maximums set forth in appendix B attached to the ordinance codified herein and on file in the city office, which schedule may be amended from time to time by resolution. (Ord. 12-08-09.35, 12-8-2009; amd. 2015 Code)

12. Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the district superintendent in compliance with applicable state or federal regulations.

13. Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.

14. Any waters or wastes containing odor producing substances which exceed limits established by the district superintendent. (Ord. 12-08-09.35, 12-8-2009)

Any person who shall continue any violation beyond the time limit provided for in section 9-4B-87 of this article shall be guilty of a class B misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this code. Each day in which any such violation shall continue shall be deemed a separate offense. (Ord. 12-08-09.35, 12-8-2009; amd. 2015 Code)

A. The POTW may suspend the wastewater treatment service or a wastewater contribution permit or cut off the sewer connection when such suspension or cutoff is necessary, in the opinion of the district, in order to stop an actual or threatened discharge which:

1. Presents or may present an imminent or substantial endangerment to the health or welfare of persons;

2. Presents or may present an imminent or substantial endangerment to the environment;

3. May cause or actually causes interference to the POTW; or

4. Causes the district to violate any condition of its NPDES or state discharge permit.

B. The district may reinstate the wastewater contribution permit or the wastewater treatment service upon proof of the elimination of the noncomplying discharge.

C. In the event of a suspension or cutoff under this section, within fifteen (15) days the user shall submit a written report describing the event that caused the suspension and the measures taken to prevent any recurrence. (Ord. 12-08-09.35, 12-8-2009)

Users required to apply for a wastewater contribution permit shall complete and file with the district an application in the form prescribed by the district and accompanied by a fee as established in the city fee schedule. In support of the application, the user shall submit, in units and terms appropriate for evaluations, the following information: (Ord. 12-08-09.35, 12-8-2009; amd. 2015 Code)

A. Name, address and location (if different from the address).

B. SIC number according to the "Standard Industrial Classification Manual", issued by the executive office of the president, office of management and budget, 1972.

C. Wastewater constituents and characteristics, including, but not limited to, those mentioned in section 9-4B-53 of this article.

D. Time and duration of contribution.

E. Average daily, maximum daily and thirty (30) minute peak wastewater flow rates in gallons per day, including daily, monthly and seasonal variations if any.

F. Site plans, floor plans, mechanical and plumbing plans, along with details to show all sewers, sewer connections and appurtenances by the size, location and elevation.

G. Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.

H. The results of sampling and analysis identifying the nature and concentration of any pollutants in the discharge which are limited by any national categorical pretreatment standards or which are described in section 9-4B-53 of this article. Both daily maximum and average concentration shall be reported. The sample shall be representative of daily operations. Samples should be taken immediately downstream of pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with wastewater regulated by a national categorical pretreatment standard prior to pretreatment, the user should measure the flows and concentrations necessary to allow use of the combined waste stream formula in 40 CFR section 403.6(c) in order to evaluate compliance with pretreatment standards.

I. The shortest schedule by which the user will provide additional pretreatment or operation and maintenance, if required to meet pretreatment standards. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. In no case shall the increments of progress in the schedule exceed nine (9) months.

J. Each product produced by type, amount, process or processes and rate of production.

K. A listing of any toxic pollutant which the applicant uses or manufactures as an intermediate or final product or byproduct.

L. Type and amount of raw materials processes (average and maximum per day).

M. Number and type of employees, as well as hours of operation of plant and proposed or actual hours of operation of pretreatment system.

N. Signature of an authorized representative of the user and certified to by a qualified professional indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance and additional pretreatment is required.

O. Any other information deemed by the district to be necessary to evaluate the permit application. (Ord. 12-08-09.35, 12-8-2009)

Permits may contain the following:

A. Requirements to pay fees for the wastewater to be discharged to the POTW.

B. Effluent limitations on the average and maximum wastewater constituents and characteristics.

C. Limitations on the average and maximum rate and time of discharge or requirements for flow regulation and equalization.

D. Requirements for installation and maintenance of inspection and sampling facilities.

E. Requirements and specifications for monitoring programs, including sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.

F. Compliance schedules, which may not extend compliance date beyond applicable federal deadlines.

G. Requirements for submission of technical reports, discharge reports or certification statements. These include any reporting requirements contained in a national categorical standard or pretreatment requirement.

H. Requirements for collecting/retaining and providing access to plant records relating to the user's discharge.

I. Requirements for notification of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater treatment system.

J. Requirements for notification of spills, slug loadings or violations.

K. Requirements for installation, operation and maintenance of pollution control equipment.

L. Other conditions as deemed appropriate by the district to ensure compliance with this article, state and federal pretreatment standards and requirements.

M. Statement of applicable civil and criminal penalties for violation of permit conditions and requirements. (Ord. 12-08-09.35, 12-8-2009)

"Concurrent disinfection" indicates the application of disinfectant immediately after the discharge of infectious material from the body of an infected person or after the soiling of articles with such infectious discharges, all personal contact with such discharges or articles being prevented prior to disinfection. (Prior code § 34603)

For the purpose of this article, additional terms shall have the meanings indicated in chapter 1 of the last edition of the Western plumbing officials uniform plumbing code, adopted by the Western Plumbing Officials Association. (Ord. 309 Art. 1, § 2, 1975)

All development projects for which an environmental impact report (EIR) is required to be prepared shall be subject to the land use analysis program contained in the Los Angeles County congestion management program (CMP), and shall incorporate into the EIR an analysis of the projects impacts on the regional transportation system. Said analysis shall be conducted consistent with the transportation impact analysis (TIA) guidelines contained in the most recent congestion management program adopted by the Los Angeles County metropolitan transportation authority. (1960 Code)

Before any zone variance shall be granted, the applicant must show, to the satisfaction of the commission or the council, all of the following facts:

A. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of such property, which do not generally apply to other properties in the same zone; and

B. That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied to the property in question; and

C. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the adjacent or neighboring properties; and

D. That there are special circumstances as provided in section 65906 of the California Government Code. (1960 Code; amd. Ord. 92-723)

A. No person shall discharge or cause to be discharged any storm water, foundation drain water, ground water, roof runoff, surface drainage, cooling waters, or any other unpolluted water to any sanitary sewer.

B. No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW or will pass through the POTW.

C. The following general prohibitions shall apply to all users of the POTW whether or not a user is subject to national categorical pretreatment standards or any other national, state or local pretreatment standard or requirements. A user shall not contribute the following substances to the POTW:

1. Any liquids, solids, or gases that result in toxic gases, vapors or fumes within the POTW in quantities that may cause acute worker health and safety problems, or be hazardous in any other way to the operation of the POTW or its employees as outlined in 40 CFR 403.5(b)(7). At no time shall two (2) successive readings on a meter capable of reading LEL (lower explosive limit) at a point at the nearest accessible point to the POTW in a sanitary sewer, at the point of discharge into the POTW, or at any point in the POTW be more than five percent (5%) nor any single reading greater than ten percent (10%). Materials for which discharge is prohibited under this subsection include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketone, aldehydes, peroxides, chlorates, perchlorates, bromates, polychlorinated biphenyls, polybrominated biphenyls, carbides, hydrides, Stoddard solvents and sulfides.

2. Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances, to cause fire or explosion or be hazardous in any other way to the POTW or to the operation of the POTW. At no time shall the waste stream have a closed cup flashpoint of less than one hundred forty degrees Fahrenheit (140°F) or sixty degrees centigrade (60°C) (the RCRA ignitability standard for liquid characteristic waste) using the Pensky-Martens closed cup test method. (Examples include, but are not limited to: cyanide, gasoline, kerosene, benzene, toluene, alcohols, polychlorinated biphenyls, and Stoddard solvents.)

3. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in interference with the operation of the wastewater treatment facilities, including, but not limited to: grease, garbage with particles greater than one-half inch (¹/₂") in any dimension, animal gut or tissue, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, glass grindings, polishing wastes, or tumbling and deburring stones.

4. Any petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that cause pass-through or interference.

5. Any wastewater which will cause corrosive structural damage to the POTW, but in no case wastewater having a pH less than six (6.0) or greater than nine (9.0). (Ord. 2005-10, 3-15-2005)

6. Any wastewater containing incompatible pollutants in sufficient quantity, including oxygen demanding pollutants (BOD₅, etc.), either singly or by interaction with other pollutants, that would injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, or cause a violation of the water quality standards of the receiving water of the POTW, exceed the limitation set forth in the national categorical pretreatment standard or in section 7-3A-13 of this article, or create a public nuisance. (Ord. 2011-18, 6-28-2011)

7. Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastewaters are sufficient to create a public nuisance or are sufficient to prevent entry into sewers for their maintenance and repair or endanger POTW or sewer workers' health or safety.

8. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under section 405 of the act. Substances discharged to the POTW shall not affect sludge use or disposal criteria developed pursuant to RCRA, SWDA, the clean water act, the toxic substances control act, or state regulation subtitle C part 391 applicable to the sludge management plan being used.

9. Any substance which will cause the POTW to violate its NPDES permit or the receiving water quality standards.

10. Any wastewater having a temperature at the point of discharge which will inhibit biological activity in the POTW treatment plant, resulting in interference. In no instance shall wastewater be introduced to the sewer system which exceeds forty degrees centigrade (40°C) (104°F).

11. Any wastewater containing pollutants released at a flow or concentration which a user knows or has reason to know will cause interference to the POTW or will pass through the POTW.

12. Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by state or federal regulations. (Ord. 2005-10, 3-15-2005)

13. Any wastewater which may contain more than one hundred milligrams per liter (100 mg/l) of fat, oil, grease (FOG), or trichlorofluoroethane extractable material. (Ord. 2006-34, 8-22-2006)

14. Any wastewater containing BOD₅, COD, total solids, suspended solids, ammonia nitrogen, or phosphorus of such character and quantity that unusual attention or expense is required to handle such materials at the POTW. A user may be permitted by specific, written discharge permit through the village in which agreement to discharge such BOD₅, COD, suspended solids, ammonia nitrogen or phosphorus may be provided using special charges, payments or provisions for treatment and analysis.

15. Ammonia nitrogen in amounts that would cause a violation of the water quality standards of the receiving waters of the POTW.

16. Any discharge exceeding the standards established in 35 Illinois administrative code 307.

17. Any trucked or hauled pollutants, unless at points designated and approved by the POTW.

18. Any slug discharge.

19. Any discharge which causes the transmittance of the POTW's final effluent to fall below sixty five percent (65%) at two hundred fifty four (254) nanometers.

20. Any wastewater which imparts color which cannot be removed by treatment processes, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's final effluent.

21. Detergents, surface active agents, or other substances which may cause excessive foaming at the POTW.

Compliance with the provisions of this section shall be required on the effective date of the promulgation of this article. (Ord. 2005-10, 3-15-2005)

This article regulates the use of sewers, private wastewater disposal, and the discharge of wastewater into the POTW wastewater system. This article sets forth uniform requirements for discharges into the wastewater collection and treatment system of the POTW. The purposes of this article are:

A. To establish uniform requirements for direct and indirect contributors to the wastewater collection and treatment system owned and operated by the village of Fox Lake, and enable the northwest regional water reclamation facility (NWRWRF), and its north plant Tall Oaks, to comply with applicable state and federal laws and the general pretreatment regulations (40 CFR part 403).

B. To prevent the introduction of pollutants into the municipality's wastewater system which will:

1. Interfere with the operations of the system;

2. Cause the treatment plant to violate its NPDES discharge permits;

3. Contaminate the sludge;

4. Pass through the system, inadequately treated, into receiving waters or the atmosphere;

5. Pose a health threat to sewer workers; or

6. Otherwise be incompatible with the system.

C. To improve the opportunity to recycle and reclaim wastewater and sludge from the system; and

D. To provide for equitable distribution of the cost of the municipal wastewater system. (Ord. 2005-10, 3-15-2005)

All uses in C-3 zone shall comply with the following standards of development:

A. Lot Area: Each lot in the C-3 zone created after the effective date hereof, shall have a minimum lot area of not less than:

1. Five thousand (5,000) square feet if designated C-3 or C-3 (5,000); or

2. Ten thousand (10,000) square feet if designated C-3 (10,000); or

3. Twenty thousand (20,000) square feet if designated C-3 (20,000); or

4. One acre, if designated C-3 (A).

B. Lot Width: Each lot in the C-3 zone created after the effective date hereof shall have a minimum lot width of not less than fifty feet (50'); provided, however, that such minimum lot width shall not apply to any lot created as part of a subdivision for a commercial shopping center where reciprocal access easements are held over all or a portion of said lot by all other lots in such subdivision.

C. Yards:

1. Front Yards: A front yard area of not less than fifteen feet (15') in depth shall be required of each lot in the C-3 zone which has a common side lot line boundary with any lot zoned R-1.

2. Side Yards: No side yard shall be required.

3. Required Rear Yard Areas: No rear yard shall be required.

4. Vision Clearance: Each lot in the C-3 zone which has a common boundary line with any lot zoned R-1, which lot line, as to the R-1 lot, is a side lot line, shall observe at the intersection of such lot line with the street line, a triangular area, one angle of which shall be formed by the front and side lot lines separating the lot from the streets, and the sides of such triangle forming the corner angle shall each be fifteen feet (15') in length, measured from the aforementioned angle. The third side of said triangle shall be a straight line connecting the last two (2) mentioned points which are distant fifteen feet (15') from the intersection of the front and side lot lines. Within the area comprising said triangle, no building, structure, tree, fence, shrub, or other physical obstruction higher than forty two inches (42") above the established grade of the lot shall be permitted or maintained.

D. Building Bulk:

1. Height Limitation: There shall be no height limitation in the C-3 zone, provided that when any building or portion thereof is erected in excess of forty five feet (45') in height, a site development plan shall be processed in accordance with article E of this chapter.

E. Signs:

1. Signs shall be permitted pursuant to the provisions of article L of this chapter.

F. Dish Antennas: The standards of development for dish antennas shall be subject to the limitations as set forth in subsection 9-1N-31E of this article. (1960 Code; amd. Ord. 75-420; Ord. 85-562; Ord. 06-906)

All uses in the C-2 zone shall comply with the following standards of development:

A. Lot Area: Each lot in the C-2 zone shall have a minimum lot area of not less than:

1. Five thousand (5,000) square feet if designated C-2 or C-2 (5,000); or

2. Ten thousand (10,000) square feet if designated C-2 (10,000); or

3. One acre, if designated C-2 (A).

B. Lot Width: Each lot in the C-2 zone created after the effective date hereof shall have a minimum width of not less than fifty feet (50'); provided, however, that such minimum lot width shall not apply to any lot created as part of a subdivision for a commercial shopping center where reciprocal access easements are held over all or a portion of said lot by all other lots in such subdivision.

C. Yards:

1. Front Yards: A front yard area of not less than fifteen feet (15') in depth shall be required of each lot in the C-2 zone which has a common side lot line boundary with any lot zoned R-1.

2. Side Yards: No side yard shall be required.

3. Required Rear Yard Areas: No rear yard shall be required.

4. Vision Clearance: Each lot in the C-2 zone which has a common boundary line with any lot zoned R-1, which lot line, as to the R-1 lot, is a side lot line, shall observe at the intersection of such lot line with the street lot line, a triangular area, one angle of which shall be formed by the front and side lot lines separating the lot from the streets, and the sides of such triangle forming the corner angle shall each be fifteen feet (15') in length, measured from the aforementioned angle. The third side of said triangle shall be a straight line connecting the last two (2) mentioned points which are distant fifteen feet (15') from the intersection of the front and side lot lines. Within the area comprising said triangle, no building, structure, tree, fence, shrub, or other physical obstruction higher than forty two inches (42") above the established grade of the lot shall be permitted or maintained.

D. Building Bulk:

1. Height Limitation: There shall be no height limitation in the C-2 zone, provided that when any building or portion thereof is erected in excess of forty five feet (45') in height, a site development plan shall be processed in accordance with article E of this chapter.

E. Dish Antennas:

1. Definition: For the purpose of this section, the term "dish antenna" means any system of receiving or transmission disk with a diameter greater than two feet (2').

2. Development Standards: Every dish antenna shall be located, constructed, treated and maintained in accordance with the standards outlined herein.

a. Location: Any dish antenna with bases of attachment on a building in a commercial or industrial zone shall be located within the middle one-third (¹/₃) of the roof of said building, unless said dish antenna is otherwise completely screened from view from grade of the adjoining properties and adjoining public rights of way.

b. Height: In commercial and industrial areas dish antennas shall not exceed the height limit as specified for the zone.

c. Screening And Appearance: The materials used on constructing dish antennas shall not be unnecessarily bright, shiny, or reflective. If screening is used, it shall be architecturally compatible and be integrated into the overall design of the building. (1960 Code; amd. Ord. 85-562; Ord. 06-906)

The permitted C-1-R uses shall not include, and there shall be excluded therefrom the following uses:

Any enterprise or use which produces, causes or emits any dust, gas, smoke, glare, noise, fumes, odors or vibrations or which is or may be detrimental to the safety, welfare, health, peace and morals of the city and its residents.

Any use not specifically authorized in section 9-1N-20 of this article.

Billboards and off premises advertising structures.

Wholesale business establishments. (1960 Code)

The following regulations shall be limitations on, and be applicable to, all uses in zone R-3:

A. Vehicles:

1. Parking Of Vehicles: No person shall park any vehicle or any component thereof, for any purpose, in front or side yard areas on any R zoned lot, except in driveway areas.

2. Repair, Dismantling Or Storage Of Vehicles, Prohibited: No person shall assemble, repair, dismantle or store any vehicle, other than as herein provided, on any part of R zoned lot, unless such work is done:

a. Within an enclosed building; or

b. In an open area which is completely enclosed by view obscuring walls, not less than six feet (6') in height, or by the exterior walls of a building or buildings.

3. Exception: Provided, that the prohibition imposed by subsection A2b of this section shall not be deemed to apply to the occasional and incidental assembly or repair of vehicles owned by the person in possession of the premises on which such takes place; provided that a disabled vehicle which is being repaired or assembled, shall not be stored except as provided in subsection A2b of this section for a period longer than seven (7) consecutive days with any thirty (30) day period.

4. Commercial Vehicle: No vehicle which is registered for commercial purposes pursuant to the applicable provisions of the Vehicle Code of the state of California and which exceeds three (3) tons in unladen weight shall be parked or left standing on any part of any R zoned property, in excess of thirty (30) consecutive minutes unless actual loading or unloading of said vehicle is in progress on said property.

B. Exterior Lighting: All exterior lighting operated or maintained in conjunction with any activity or purpose on the premises, shall be so arranged as to reflect the light away from any premises upon which a dwelling unit is located. The lighting elements thereof shall be directed or shielded so as to not be directly visible from any dwelling unit on the same or adjacent premises.

C. Parking Within Driveways:

1. "No Parking" signs with lettering not less than two inches (2") in height shall be placed conspicuously at the entrance to, and at intervals of not less than fifty feet (50') along every required driveway.

2. Where a driveway serves parking facilities of five (5) or more vehicles, no person shall park, stand or leave any vehicle in any portion of said driveway, except for the purpose, and during the process, of loading and unloading passengers or goods and only while such vehicle is attended by the operator thereof. (1960 Code; amd. Ord. 77-452)

No person shall use, nor shall any property owner permit the use of any property or lot located in any R-1 Zone for any use, other than the following:

A. Principal uses:

Community care facility/small.

One (1) single-family dwelling unit; dwelling unit shall include site built and modular homes.

Supportive housing.

Transitional housing. (1960 Code; amd. Ord. 81-505; Ord. 13-972)

B. Accessory uses:

Accessory buildings or structures.

Accessory dwelling units subject to the requirements of section 9-1T-10 of this chapter.

Animals:

1. The maximum number of household pets over four (4) months of age shall not exceed the limitations set forth below; "household pet" shall mean any domesticated animal commonly maintained in residence with man, but not including any animal which is capable of and inclined to inflict harm or discomfort to or upon any persons; and

a. If there is only one (1) residential dwelling unit on said lot, then the limitation shall be three (3) such household pets, and if there are two (2) units on said lot, then the limitation shall be two (2) household pets per unit, and if there are three (3) or more such units on said lot, then the limitation shall be one (1) household pet per unit.

2. If there is more than one (1) residential dwelling unit on an R-1 lot, then the limitation of household pets shall not exceed two (2) per residential dwelling unit for two (2) such units, and one (1) per residential unit for three (3) or more such units.

3. Not more than two (2) rabbits or chickens (excluding roosters) or ducks over three (3) months of age; and

4. Aviaries for pigeons, song or decorative birds, provided the following conditions are met:

a. Not more than twelve (12) adult birds are so maintained; and

b. The purpose of the maintenance of such aviary is primarily for hobby purposes and not for commercial exploitation; and

c. The structures housing such aviaries shall not be located within ten feet (10') of any side or rear lot line upon the lot where located, unless separated from adjoining property by a solid wall or fence at least one inch (1") thick; nor shall the same be located in front of any residential structure; nor within thirty five feet (35') of any main building; nor shall the same be higher than any yard wall located within ten feet (10') thereof; and

d. Any person may apply to the City Council for a special permit for aviaries containing more than twelve (12) birds, provided that such applicant pays a fee for inspections in the amount set by the City Council by separate motion, and provided further that the applicant may show to the satisfaction of the City Council that such aviary will be maintained without damage or nuisance to neighboring properties; and

e. All existing nonconforming structures erected for the housing of birds shall comply with new regulations and standards on or before January 1, 1971.

5. Except as otherwise provided, compliance shall be had with the provisions of this use within a period of sixty (60) days from and after the effective date hereof; and

6. Nothing contained in this use shall prevent the keeping of animals or fowl by a tax supported eleemosynary or public educational institution, which are utilized as a part of such institution's curriculum; and

7. All the regulations herein shall be subject to the general nuisance ordinances of the City and it shall be unlawful for any person to maintain any animal which constitutes a public nuisance.

Daycare home, large family, subject to guidelines contained in section 9-1T-6 of this chapter.

Daycare home, small family.

Home occupation, subject to limitations contained in section 9-1A-9, "Definitions", of this chapter.

Off street parking spaces accessory to a principal R-1 use.

Open spaces.

Renting of not more than two (2) rooms to not more than four (4) roomers, or the providing of table board to not more than four (4) such persons or any combination thereof in any residence; provided that there shall be required an additional off street parking space for each such roomer.

Storage of building materials during the construction of any building or part thereof, and for a period of thirty (30) days after construction is completed. (1960 Code; amd. Ord. 78-466; Ord. 90-679; Ord. 92-717; Ord. 94-762; Ord. 17-1022)

The following regulations shall be limitations on, and be applicable to all uses in zone R-2:

A. Vehicles:

1. Parking Of Vehicles: No person shall park any vehicle or any component thereof, for any purpose, in any front or side yard area on any R zoned lot, except in driveway areas.

2. Repair, Dismantling Or Storage Of Vehicles, Prohibited: No person shall assemble, repair, dismantle or store any vehicle, other than as here provided, on any part of an R zoned lot, unless such work is done:

a. Within an enclosed building; or

b. In an open area which is completely enclosed by view obscuring walls, not less than six feet (6') in height, or by the exterior walls of a building or buildings.

3. Exception: Provided, that the prohibition imposed by subsection A2b of this section shall not be deemed to apply to the occasional and incidental assembly or repair of vehicles owned by the persons in possession of the premises on which such takes place; provided that a disabled vehicle which is being repaired or assembled, shall not be stored except as provided in subsection A2b of this section for a period longer than seven (7) consecutive days within any thirty (30) day period.

Whenever any of the following names or terms are used in said title 15 of the county of Los Angeles code as amended, each such name or term shall be deemed or construed to have the meanings ascribed to it in this section as follows:

COMMISSIONER: The city manager of the city of Temple City.

LOS ANGELES COUNTY HIGHWAY COMMISSION: The Temple City traffic commission.

SHERIFF'S DEPARTMENT: Is hereby adopted as the city police department and the county sheriff as the chief of police. (1960 Code)

No person shall park or leave standing any commercial vehicle upon any street or portion thereof which is established as a "truck route" for a period of time exceeding one hour except when necessary for the purpose of making pick ups, or deliveries of goods, wares and merchandise from or to any building or structure upon such restricted streets for which a building permit has previously been obtained therefor and actual loading and unloading operations are in progress. (1960 Code; amd. Ord. 89-660)

The parking prohibition set forth in section 3-3A-20 of this article shall not apply to:

A. Any street or parking lot for which the city council has adopted a resolution permitting overnight parking for specified motor vehicles;

B. Authorized emergency vehicles;

C. Operable motor vehicles that are eligible for and have obtained an overnight parking permit in accordance with this part and that are properly displaying such valid overnight parking permit;

D. Any vehicle properly displaying a valid disabled placard or disabled license plate permitted to park overnight under state law. (Ord. 10-935)

No person shall park, or leave standing on any public street, alley or right of way in the city any oversized vehicle without displaying a valid oversized vehicle temporary parking permit. (Ord. 06-910)

Three (3) copies of said ordinance 3027 have been deposited with the city clerk, and shall be at all times maintained by said for use of and examination by the public. (1960 Code, as amended)

All bicycles shall be parked in the street area where automobiles are lawfully entitled to park except upon such streets and in such areas as the city council shall determine otherwise by resolution. (1960 Code, as amended)

As used in this article, the following definitions shall apply. For purposes of this article, these definitions shall supersede any other definitions of the same terms elsewhere in this code.

ABANDONED PERSONAL PROPERTY: Shall mean and refers to any item, object, thing, material or substance that, by its condition of damage, deterioration, disrepair, nonuse, obsolescence or location on public real property or on private real property, causes a reasonable person to conclude that the owner has permanently relinquished all right, title, claim and possession thereto, or that the object, thing, material or substance cannot be used for its intended or designed purpose. Abandoned personal property may include junk and vehicles.

ABANDONED STRUCTURE: Real property, or any building or structure thereon, that is vacant and is maintained in an uninhabitable condition or a condition of disrepair or deterioration as evidenced by the existence of public nuisances therein, or that is vacant and under a current notice of default and/or notice of trustee's sale, pending tax assessor's lien sale, or that is vacant and has been the subject of a foreclosure sale where title was retained by the beneficiary of a deed of trust involved in the foreclosure. Factors that may also be considered in a determination of an abandoned structure include, without limitation: present operability and functional utility; the presence of nonfunctional, broken or missing doors or windows, such that entry therein by unauthorized persons is not deterred; the existence of real property tax delinquencies for the land upon which the structure is located; age and degree of obsolescence of the structure, and the cost of rehabilitation or repair versus its market value.

ABATEMENT COSTS: All costs, fees, and expenses, incidental or otherwise, incurred by the city in investigating and abating a public nuisance.

ATTRACTIVE NUISANCE: Any condition, device, equipment, instrument, item or machine that is unsafe, unprotected and may prove detrimental to minors whether in a structure or in outdoor areas of developed or undeveloped real property. This includes, without limitation, any abandoned or open and accessible wells, shafts, basements or excavations; any abandoned refrigerators and abandoned or inoperable motor vehicles; any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove hazardous or dangerous to inquisitive minors. An attractive nuisance shall also include pools, standing water or excavations containing water, that are unfenced or otherwise lack an adequate barrier thereby creating a risk of drowning, or which are hazardous or unsafe due to the existence of any condition rendering such water to be clouded, unclear or injurious to health due to, without limitation, any of the following: bacterial growth, infectious or toxic agents, algae, insect remains, animal remains, rubbish, refuse, debris, or waste of any kind.

BUILDING: Any structure designed, used, or maintained for the shelter or enclosure of persons, animals, chattels, equipment, or property of any kind, and shall also include structures wherein things may be grown, made, produced, kept, handled, stored, or disposed of, and all appendages, accessories, apparatus, appliances, and equipment installed as a part thereof.

CITY: The city of Temple City.

CITY MANAGER: The city manager or designee thereof.

CITY PERSONNEL: Any city employee, representative, agent or contractor designated by the city manager to abate a public nuisance.

CODE, CODES, AND TEMPLE CITY MUNICIPAL CODE: The Temple City municipal code and any code, law, or regulation incorporated therein by reference, the Temple City zoning code, and any adopted and uncodified ordinances.

CODE ENFORCEMENT FEES: Fees imposed by the city to defray its costs of code enforcement actions including, but not limited to, the time and other resources of public officials expended by them in identifying, inspecting, investigating, seeking or causing the abatement of a violation at a residential structure or property. These include, but are not limited to, site inspections, drafting reports, taking photographs, procuring other evidence, engaging in meetings, conferences and communications with responsible persons, their agents or representatives, concerning a violation, as well as with attorneys for the city at any time, and appearances before judicial officers or reviewing authorities during the pendency of a judicial proceeding and other appearances at such judicial or administrative hearings. The time and resources that public officials further expend to confirm that a residential structure remains free of public nuisances while a responsible person is on probation to a court or when a matter concerning a residential structure remains pending before a reviewing authority in an administrative action, shall also constitute code enforcement actions. For purposes of this definition:

Residential Structure And Property: Shall mean and include all structures and premises that are regulated by the California state housing law¹ and any future amendments thereto, as well as any property within a residential zone as designated by the Temple City zoning code. These include, but are not limited to, apartment houses, hotels, motels, and dwellings, and residential buildings and structures thereto.

Violation: Shall mean and include a public nuisance as described in this article, or any condition, activity, or use that is caused, allowed to exist, or maintained (whether due to an affirmative act, inaction, or omission) by a responsible person in violation of any other provision, regulation, or requirement of this code, or any applicable county, state, or federal laws or regulations.

CODE ENFORCEMENT OFFICER: Any individual employed by the city with primary enforcement authority for city codes, or his or her duly authorized representative(s).

COMMERCIAL VEHICLE: Any vehicle of a type required to be registered under the state of California Vehicle Code used or maintained for the transportation of persons for hire, compensation or profit, or designed, used, or maintained primarily for the transportation of property or for other commercial purposes. Passenger vehicles that are not used for the transportation of persons for hire, compensation, or profit, house cars (motor homes), and van pool vehicles are not commercial vehicles.

COMPLIANCE PERIOD: The period of time and/or required schedule set forth in a notice of abatement and/or an order of abatement within which all nuisance abatement actions referenced in such notice of abatement and/or order of abatement must be completed.

CONTROLLED SUBSTANCES: Any substance that is declared by state or federal law to be a controlled substance.

FIRE HAZARD: Shall include, but shall not be limited to, any device, equipment, waste, vegetation, condition, thing, or act which is in such a condition that it increases or could cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing, or extinguishing fire or that otherwise provides a ready fuel to augment the spread and intensity of fire or explosion arising from any cause; or any device, equipment, waste, vegetation, condition, thing, or act which could obstruct, delay, hinder, or interfere with, or may become the cause of obstruction, delay, or hindrance of, the operations of the fire department or other emergency service personnel or the egress of the occupants in the event of fire.

GRAFFITI: Any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on or otherwise glued, posted, or affixed to or on any real or personal property (including, but not limited to, buildings, structures, and vehicles), regardless of the nature of the material to the extent that the same was not authorized in advance by the owner thereof.

HAZARDOUS MATERIALS: Any material or substance of any kind that is declared by any federal, state, or local law, ordinance, or regulation to be composed of hazardous material.

HEARING OFFICER: The city employee or representative appointed by the city manager, or a designee thereof, to hear all timely appeals from a notice of abatement.

INCIDENTAL EXPENSES: Shall include, but shall not be limited to, the actual expenses and costs of the city, such as preparation of notices, specifications, contracts, inspection of work, costs of printing and mailings required hereunder, costs of any filing and/or recordation with the county recorder's office or other governmental agency, and the costs of administration and legal services.

INOPERABLE VEHICLE: Shall mean and include, without limitation, any vehicle that is incapable of being lawfully driven on a street and/or highway. Factors that may be used to determine this condition include, without limitation, vehicles that have a "planned nonoperational" status with the California department of motor vehicles, vehicles lacking a current and valid registration, a working engine, transmission, wheels, inflated tires, doors, windshield or any other part or equipment necessary for its legal and safe operation on a highway or any other public right of way.

JUNK: Shall mean and include, but is not limited to, any castoff, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn out or wrecked appliance, device, equipment, furniture, fixture, furnishing, object, material, substance, tire, or thing of any kind or composition. Junk may include abandoned personal property, as well as any form of debris, refuse, rubbish, trash or waste. Factors that may be considered in a determination that personal property is junk include, without limitation, its:

A. Condition of damage, deterioration, disrepair or nonuse.

B. Approximate age and degree of obsolescence.

C. Location.

D. Present operability, functional utility and status of registration or licensing, where applicable.

E. Cost of rehabilitation or repair versus its market value.

JUNKYARD: Real property of any zoning classification on which junk is kept, maintained, placed or stored to such a degree that it constitutes a principal use or condition on said premises. The existence of a junkyard is not a nuisance when it is an expressly permitted use in the applicable zone and it is in full compliance with all provisions of the Temple City zoning code, and all other applicable provisions of the Temple City municipal code, as well as all future amendments and additions thereto.

NOTICE OF ABATEMENT: A notice of public nuisance and intention to abate with city personnel, as described in section 4-2C-12 of this article.

ORDER OF ABATEMENT: An order issued by a hearing officer following an appeal of a notice of abatement.

OWNER: Shall mean and include any person having legal title to, or who leases, rents, occupies or has charge, control or possession of, any real property in the city, including all persons shown as owners on the last equalized assessment roll of the Los Angeles County assessor's office. Owners include persons with powers of attorney, executors of estates, trustees, or who are court appointed administrators, conservators, guardians or receivers. An owner of personal property shall be any person who has legal title, charge, control, or possession of such property.

PERSON: Shall mean and include any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons. "Person" also includes any public entity or agency that acts as an owner in the city.

PERSONAL PROPERTY: Means property that is not real property, and includes, without limitation, any appliance, furniture, article, device, equipment, item, material, product, substance or vehicle.

POLICE CHIEF: The highest ranking officer of the police department or his/her designee.

POLICE DEPARTMENT: Shall mean the law enforcement agency providing law enforcement services to the city, and shall include the Los Angeles County sheriff's department.

PUBLIC NUISANCE: Anything which is, or likely to become, injurious or detrimental to health, safety or welfare, or is offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any sidewalk, public park, square, street or highway. All conditions hereafter enumerated in this article, or that otherwise violate or are contrary to any provision of this code, are public nuisances by definition and declaration, and said enumerated conditions shall not, in any manner, be construed to be exclusive or exhaustive. A public nuisance shall also exist when a person fails to comply with any condition of a city approval, entitlement, license or permit or when an activity on, or use of, real property violates, or is contrary to, any provision or requirement of this code.

REAL PROPERTY OR PREMISES: Any real property owned by any person and/or any building, structure, or other improvement thereon, or portions thereof. "Real property" or "premises" includes any adjacent sidewalk, parkway, street, alley, or other unimproved public easement, whether or not owned by the city of Temple City.

RESPONSIBLE PERSON: Any person, whether as an "owner" as defined in this article, or otherwise, that allows, causes, creates, maintains, suffers, or permits a public nuisance, or any violation of this code or county or state law, or regulation thereof, to exist or continue, by any act or the omission of any act or duty. A responsible person shall also include employees, principals, joint venturers, officers, agents, and/or other persons acting in concert with, or at the direction of, and/or with the knowledge and/or consent of the owner and/or occupant of the lot, building or structure on, or in which, a public nuisance or violation exists or existed. The actions or inactions of a responsible person's agent, employee, representative or contractor may be attributed to that responsible person.

STRUCTURE: That which is built or constructed, an edifice, wall, fence, or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. For purposes of this article, this definition shall supersede any other definition of this term in this code.

VACANT: Real property or any building or structure thereon that is not legally occupied. Factors that may be used, either alone or in combination, to determine whether real property, or building or structure thereon, is vacant include, but shall not be limited to, overgrown and/or dead vegetation; accumulation of newspapers, circulars, fliers, and/or mail; past due utility notices and/or disconnected utilities; accumulation of trash, junk, and/or other debris; the absence of window coverings such as curtains, blinds, and/or shutters; the absence of furnishings and/or personal items consistent with residential and/or commercial furnishings consistent with the permitted uses within the zone of the real property; statements by neighbors, passersby, delivery agents, government employees that the property is vacant.

VEHICLE: Any device, by which any person or property may be propelled, moved, or drawn upon a highway or other public right of way, and includes all vehicles as defined by the California Vehicle Code, and all future amendments thereto. "Vehicle" does not include devices: a) that are propelled exclusively by human power such as bicycles and wheelchairs, or b) those that are used exclusively upon stationary rails or tracks.

WEEDS: Shall include, but shall not be limited to, any of the following:

A. Any plant, brush, growth, or other vegetation that bear seeds of a downy or wingy nature;

B. Any plant, brush, growth, or other vegetation that attains such large growth as to become, when dry, a fire hazard;

C. Any plant, brush, growth, or other vegetation that is noxious or dangerous;

D. Poison oak and poison ivy when the conditions of growth are such as to constitute a threat to the public health; or

E. Dry grass, rubble, brush, or other flammable plant, growth, or other vegetation that endangers the public safety by creating or tending to create a fire hazard. (Ord. 11-950)

A. No person shall allow, cause, create, permit, suffer or maintain a public nuisance to exist on their premises. If public nuisances do arise or occur, responsible persons shall promptly abate them by repair, rehabilitation, demolition, repair, removal or termination with all required City approvals, permits and inspections, when applicable.

B. The City may exercise its administrative, civil/injunctive and criminal remedies, or any one or combination of these remedies, to compel responsible persons to abate a public nuisance when, in its judgment, such persons have not completed nuisance abatement actions in a timely or proper manner, or when responsible persons have failed to prevent an occurrence or recurrence of a public nuisance. (Ord. 11-950)

A. Pursuant to California Health And Safety Code section 17951, and any successor statute thereto, responsible persons, who cause, allow, permit, suffer, or maintain a violation in, or upon, residential properties, shall be charged fees (hereafter "code enforcement fees") by the city to defray its costs of code enforcement actions. Such fees shall not exceed the amount reasonably required to achieve this objective and are chargeable whether the city's code enforcement actions occur in the absence of formal administrative or judicial proceedings, as well as prior to, during, or subsequent to, the initiation of such proceedings.

1. Nothing in this section shall be construed to inhibit or prevent the city from assessing code enforcement fees against and/or collecting code enforcement fees from those responsible persons who cause, allow, permit, suffer, or maintain a public nuisance or other violation of this code in or upon any commercial, industrial, or other real property, in order to defray its costs of code enforcement actions.

B. The amount(s) or rate(s) of code enforcement fees for city personnel time and other resources that are used for code enforcement actions shall be established, and may thereafter be amended, by resolution by the city council.

C. The city manager, or a designee thereof, is authorized to adopt regulations for the uniform imposition of code enforcement fees, and for related administrative actions pertaining to such fees.

D. The fees imposed pursuant to this section shall be in addition to any other fees or charges that responsible persons may owe in accordance with any other provision of this code, or which are imposed pursuant to county, state or federal laws or regulations.

E. Code enforcement fees shall be recoverable in conjunction with any civil, administrative or criminal action to abate, cause the abatement or cessation of, or otherwise remove a violation or a public nuisance, and is not limited to those proceedings whereby city personnel perform the necessary abatement actions.

F. Failure to pay code enforcement fees shall constitute a debt that is collectible in any manner allowed by law. (Ord. 11-950)

All construction requires approval of a site plan or zoning clearance prior to the issuance of a building permit, or prior to commencement of construction if a building permit is not required. There are two (2) types of site plan review: minor and major.

A. Major Site Plan Review: The following construction types are subject to a major site plan review:

1. All commercial, industrial, mixed use, multi-family residential, and institutional construction where new square footage is proposed;

2. All commercial, industrial, mixed use, multi-family residential, and institutional construction where more than fifty percent (50%) of the existing square footage is being renovated;

3. All subdivisions, if any construction is proposed;

4. Any affordable housing project involving a concession under the State's Density Bonus Law. The City Council is the approval body for this project type based on a recommendation of the Planning Commission.

5. Any other construction not identified as requiring a minor site plan review or zoning clearance, as determined by the Director.

B. Minor Site Plan Review: The following construction is subject to a minor site plan review: (Ord. 13-980)

1. New two-story single-family residences or additions above the first story to a single-family residence that are not part of an accessory dwelling unit; (Ord. 17-1022)

2. Facade improvements on commercial, industrial, mixed use, and institutional uses, provided there is no square footage being added;

3. Accessory structures for multi-family, commercial, industrial, mixed use, and institutional uses, including trash enclosures and other nonhabitable structures that are one hundred twenty (120) square feet or larger; provided there is no habitable square footage being added;

4. The addition of outdoor seating areas to existing restaurants provided there is no interior square footage being added. (Ord. 13-980)

A. Objective: The provisions of this section establish requirements for construction activities and facility operations of development and redevelopment projects to comply with the current "order no. R4-2012-0175", lessen the water quality impacts of development by using smart growth practices, and integrate LID practices and standards for stormwater pollution mitigation through means of infiltration, evapotranspiration, biofiltration, and rainfall harvest and use. LID shall be inclusive of new development and/or redevelopment requirements.

B. Scope: This section contains requirements for stormwater pollution control measures in development and redevelopment projects and authorizes the city to further define and adopt stormwater pollution control measures, and to develop LID principles and requirements, including, but not limited to, the objectives and specifications for integration of LID strategies, grant waivers from the LID requirements, and collect funds for projects that are granted waivers. Except as otherwise provided herein, the city shall administer, implement and enforce the provisions of this section.

C. Applicability: Development projects subject to permittee conditioning and approval for the design and implementation of postconstruction controls to mitigate stormwater pollution, prior to completion of the project(s), are:

1. All development projects equal to one acre or greater of disturbed area that adds more than ten thousand (10,000) square feet of impervious surface area.

2. Industrial parks ten thousand (10,000) square feet or more of surface area.

3. Commercial malls ten thousand (10,000) square feet or more of surface area.

4. Retail gasoline outlets with five thousand (5,000) square feet or more of surface area.

5. Restaurants (standard industrial classification (SIC) of 5812) with five thousand (5,000) square feet or more of surface area.

6. Parking lots with five thousand (5,000) square feet or more of impervious surface area, or with twenty five (25) or more parking spaces.

7. Streets and roads construction of ten thousand (10,000) square feet or more of impervious surface area. Street and road construction applies to stand alone streets, roads, highways, and freeway projects, and also applies to streets within larger projects.

8. Automotive service facilities (standard industrial classification (SIC) of 5013, 5014, 5511, 5541, 7532-7534 and 7536-7539) five thousand (5,000) square feet or more of surface area.

9. Projects located in or directly adjacent to, or discharging directly to an environmentally sensitive area (ESA), where the development will:

a. Discharge stormwater runoff that is likely to impact a sensitive biological species or habitat; and

b. Create two thousand five hundred (2,500) square feet or more of impervious surface area.

10. Single-family hillside homes.

11. Redevelopment projects.

a. Land disturbing activity that results in the creation or addition or replacement of five thousand (5,000) square feet or more of impervious surface area on an already developed site on planning priority project categories.

b. Where redevelopment results in an alteration to more than fifty percent (50%) of impervious surfaces of a previously existing development, and the existing development was not subject to postconstruction stormwater quality control requirements, the entire project must be mitigated.

c. Where redevelopment results in an alteration of less than fifty percent (50%) of impervious surfaces of a previously existing development, and the existing development was not subject to postconstruction stormwater quality control requirements, only the alteration must be mitigated, and not the entire development.

d. Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health and safety. Impervious surface replacement, such as the reconstruction of parking lots and roadways which does not disturb additional area and maintains the original grade and alignment, is considered a routine maintenance activity. Redevelopment does not include the repaving of existing roads to maintain original line and grade.

e. Existing single-family dwelling and accessory structures are exempt from the redevelopment requirements unless such projects create, add, or replace ten thousand (10,000) square feet of impervious surface area.

D. Specific Requirements: The site for every planning priority project shall be designed to control pollutants, pollutant loads, and runoff volume to the maximum extent feasible by minimizing impervious surface area and controlling runoff from impervious surfaces through infiltration, evapotranspiration, bioretention and/or rainfall harvest and use.

1. A new single-family hillside home development shall include mitigation measures to:

a. Conserve natural areas;

b. Protect slopes and channels;

c. Provide storm drain system stenciling and signage;

d. Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and

e. Direct surface flow to vegetated areas before discharge, unless the diversion would result in slope instability.

2. Street and road construction of ten thousand (10,000) square feet or more of impervious surface shall follow USEPA guidance regarding managing wet weather with green infrastructure: green streets (December 2008 EPA-833-F-08-009) to the maximum extent practicable.

3. The remainder of planning priority projects shall prepare an LID plan to comply with the following:

a. Retain stormwater runoff on site for the stormwater quality design volume (SWQDv) defined as the runoff from:

(1) The eighty fifth percentile 24-hour runoff event as determined from the Los Angeles County eighty fifth percentile precipitation isohyetal map; or

(2) The volume of runoff produced from a 0.75 inch, 24-hour rain event, whichever is greater.

b. Minimize hydromodification impacts to natural drainage systems as defined in order no. R4-2012-0175.

c. To demonstrate technical infeasibility, the project applicant must demonstrate that the project cannot reliably retain one hundred percent (100%) of the SWQDv on site, even with the maximum application of green roofs and rainwater harvest and use, and that compliance with the applicable postconstruction requirements would be technically infeasible by submitting a site specific hydrologic and/or design analysis conducted and endorsed by a registered professional engineer, geologist, architect, and/or landscape architect. Technical infeasibility may result from conditions including the following:

(1) The infiltration rate of saturated in situ soils is less than 0.3 inch per hour and it is not technically feasible to amend the in situ soils to attain an infiltration rate necessary to achieve reliable performance of infiltration or bioretention BMPs in retaining the SWQDv on site.

(2) Locations where seasonal high groundwater is within five (5) to ten feet (10') of surface grade;

(3) Locations within one hundred feet (100') of a groundwater well used for drinking water;

(4) Brownfield development sites or other locations where pollutant mobilization is a documented concern;

(5) Locations with potential geotechnical hazards;

(6) Smart growth and infill or redevelopment locations where the density and/or nature of the project would create significant difficulty for compliance with the on site volume retention requirement.

d. If partial or complete on site retention is technically infeasible, the project site may biofiltrate 1.5 times the portion of the remaining SWQDv that is not reliably retained on site. Biofiltration BMPs must adhere to the design specifications provided in order no. R4-2012-0175.

(1) Additional alternative compliance options such as off site infiltration and groundwater replenishment projects may be available to the project site. The project site should contact the city of Temple City to determine eligibility.

e. The remaining SWQDv that cannot be retained or biofiltered on site must be treated on site to reduce pollutant loading. BMPs must be selected and designed to meet pollutant specific benchmarks as required per order no. R4-2012-0175. Flow through BMPs may be used to treat the remaining SWQDv and must be sized based on a rainfall intensity of:

(1) 0.2 inch per hour, or

(2) The 1-year, 1-hour rainfall intensity as determined from the most recent Los Angeles County isohyetal map, whichever is greater.

E. Additional Requirements: The site for projects not classified with general applicability listed in subsection C of this section, but resulting in the creation or addition or replacement of five hundred (500) square feet or more of impervious surface area shall be designed to control pollutants, pollutant loads, and runoff volume per the Temple City "Low Impact Development Manual". (Ord. 13-979)

It shall be unlawful for any person to install, operate or maintain any water system or source of water supply independent of the waterworks of the City, which is connected with any water system supplied from the waterworks of the City. (Ord. 627, 7-20-1989)

A. The following uses may be conducted provided they are conducted within an enclosed building:

Aerobic, gymnasiums, health clubs, reducing and tanning salons.

Antique shop (collectibles and items intended for decorating only).

Appliances, household.

Art stores/galleries.

Automobile supply stores (retail sales of new and rebuilt parts only).

Awning shops, canvas goods, sales and service (within an enclosed building).

Bakery and confectionery shops.

Banks, savings and loans, financial institutions (new uses in excess of 1,250 square feet must provide sufficient off street parking).

Barbershops.

Beauty shops.

Bicycle stores.

Books (new and used).

Business and professional offices (new uses in excess of 1,250 square feet must provide the required off street parking and subject to a CUP).

Business machines.

Cameras and photographic equipment.

Carpet and floor coverings.

Catalog stores.

China and glassware stores.

Classes, nonprofessional, recreational (i.e., music, cooking, dance, knitting, sewing).

Clothing and apparel stores.

Coin and stamp dealers.

Collection facility (CUP required).

Computers and video equipment (not including arcades).

Delicatessens.

Department stores.

Dispensing opticians.

Drapery stores.

Drugstores and prescription pharmacies.

Dry cleaning and laundry.

Educational tutoring. Where the ratio does not exceed two (2) students per tutor (CUP when there is more than 10 students at any given time).

Electrical equipment and supplies (within an enclosed building).

Electrolysis.

Fabric stores.

Florist shops.

Food stores and markets.

Formal wear.

Furniture and home furnishings stores.

Furniture repair and upholstery, fabrics and supplies.

Gift shops.

Gun shops.

Hardware stores.

Hearing aids.

Hobby shops.

Home improvement centers.

Ice cream and yogurt parlors.

Instant printing and photo copying services (xerographic).

Interior decorator shops.

Janitorial supplies.

Jewelry stores.

Knit shops.

Lapidary shops.

Laundromats (coin operated).

Liquor stores.

Locksmith stores.

Luggage and leather goods.

Mail services.

Martial arts and karate studios.

Medical laboratories.

Mini-mall, subject to special development standards contained in section 9-1T-4 of this chapter and a conditional use permit.

Music stores.

Nail shops.

Newspaper offices.

Nurseries and garden supplies.

Paint stores.

Parking lots, commercial (CUP required).

Pet shops.

Photo developing stores.

Photographic studios.

Plumbing equipment supplies (within an enclosed building).

Radio and TV stores.

Rentals (within an enclosed building).

Repair shops - pertaining to allowed uses in the C-1 Zone (within an enclosed building).

Restaurants - any type (CUP required).

Reverse vending machine (accessory to primary use, only).

Shoe stores.

Shopping centers (CUP required).

Sickroom supplies.

Signs (not requiring an installation permit).

Spa sales.

Sporting goods stores.

Stationery stores.

Swimming pool supply stores.

Tailor shops.

Taxidermists.

Telephone and communications stores.

Theaters (CUP required).

Ticket agency/entertainment.

Tobacco shops.

Toy stores.

Travel agencies.

Trophies and awards.

Unattended collection box.

Video sales and rentals.

Wholesaling (permitted in conjunction with a permitted retail store).

Other uses as the Planning Commission and City Council may deemed to be similar and not more obnoxious or detrimental to the public health, safety and welfare.

B. The following uses are permitted provided, however, that they shall not be located on the ground or main floor of the building:

Any use permitted in the C-2 Zone of the City as approved in section 9-1N-30 of this article.

C. If approval is granted by the Planning Commission or City Council:

1. Sales of other than new products or at other than retail may be permitted when conducted in a manner secondary and necessarily incident to a new product retail trade.

2. Services, lessons or demonstrations conducted incident to a permitted use may be permitted.

3. Products may be made and services rendered if entirely incidental to a permitted retail sale of new products. (1960 Code; amd. Ord. 86-589; Ord. 87-605; Ord. 91-688; Ord. 95-772; Ord. 17-1026)

All uses in the M-1 Zone shall comply with the following standards of development:

A. Lot Area: Each lot in the M-1 Zone shall have a minimum lot area of not less than:

1. Five thousand (5,000) square feet if designated M-1, or M-1 (5,000); or

2. Ten thousand (10,000) square feet if designated M-1, or M-1 (10,000); or

3. One acre, if designated M-1 (A).

B. Lot Width: Each lot in the M-1 Zone, created after the effective date of this chapter, shall have a minimum lot width of not less than fifty feet (50').

C. Yards:

1. Front Yards: Each lot in the M-1 Zone shall have and maintain a landscaped front yard not less than five feet (5') in depth;

2. Side Yards And Rear Yards: No side or rear yard shall be required.

3. Limitation: No building or structure shall be erected or maintained in any required yard area, except as provided in this chapter.

D. Building Bulk:

1. Height Limitation: No building or structure in the M-1 Zone shall be erected or maintained more than thirty five feet (35') in height.

2. Maximum Lot Coverage: No lot or parcel of land in the M-1 Zone shall have the lot coverage, by buildings or structures, in excess of fifty percent (50%) of the total lot area.

E. Dish Antennas: The standards of development for dish antennas shall be subject to the limitations as set forth in subsection 9-1N-31E of this chapter. (1960 Code; amd. Ord. 85-562; Ord. 88-632)

This article embraces only obstructions to visibility which unreasonably or substantially interfere with such visibility in areas covered by this article. (1960 Code)

There shall not be maintained upon any property facing any public street any sign, hedge, shrubbery, natural growth or other obstruction to the view, higher than forty inches (40") above the gutter (or if there be no gutter, the edge of the roadway) within a distance of ten feet (10') from the edge of the gutter or roadway as hereinafter defined. (1960 Code)

The city may take appropriate legal action to collect all unpaid fees or bills provided by this article. (Ord. 80-94 § 2, 1994)

Existing landscaping and lawn on the property shall be maintained in the manner otherwise required by law. (Ord. 80-94 § 2, 1994)

A. An owner seeking a stay shall obtain and complete the boarding application provided in section 18.48.130 of this article or its successor.

B. The building official shall promptly inspect the building and render a determination, in writing, regarding the building's suitability for a stay.

C. If the building official determines that the building is in such a condition as to pose an imminent danger of collapse or fire or is an attractive nuisance which creates a significant risk of transient occupancy or vandalism, the building official shall deny the request for a stay.

D. If the Director of Housing and Neighborhood Development denies a stay request, the building owner shall obtain a boarding or demolition permit within seven (7) days or the City may proceed to board the property pursuant to section 18.48.110 of this article, or its successor. In addition to the provisions of this section, the issuance of demolition permits in historic districts and landmark sites are subject to the provisions of subsection 21A.34.020K of this Code. In the event of a conflict between the provisions of this subsection and subsection 21A.34.020K of this Code, the latter shall control.

E. If the Director of Housing and Neighborhood Development determines that a stay is appropriate, the Director of Housing and Neighborhood Development shall certify in writing that a stay of up to four (4) months has been issued. (Ord. 9-18, 2018: Ord. 27-00 § 8, 2000: Ord. 80-94 § 2, 1994)

A. If the director of housing and neighborhood development determines that a building needs to be boarded, the director of housing and neighborhood development shall send a notice by certified mail, return receipt requested, and regular mail, to the property owner requiring the owner to board the building. The director of housing and neighborhood development shall also, on the same day, post a notice on the property.

B. If, due to the existence of emergency conditions, as identified by the director of housing and neighborhood development, it is not possible or practical to give notice in advance, the city may nevertheless board the building without giving prior notice to the owner or occupant, but the city shall provide all required notices immediately following the boarding of the building. (Ord. 27-00 § 2, 2000: Ord. 80-94 § 2, 1994)

A. Enclosed Uses: All uses in the M-2 zone shall be conducted wholly within an enclosed building, except for those permitted and accessory uses customarily conducted in the open.

B. Special Development Standards: When any lot in the M-2 zone fronts on a street, the opposite side of which is zoned for R purposes, or abuts any R zoned property, all of the following standards shall be observed in the construction and maintenance of buildings, structures and uses to be located thereon:

1. Lighting: All outdoor lighting shall be constructed, operated and maintained so as to eliminate any interference with, or nuisance to such adjacent R zoned properties; and

2. Vacant Land: All vacant land on the lot or parcel of land and the parkway area or land uses in conjunction with permitted uses on such properties, shall be surfaced, landscaped or otherwise maintained in a clean, dust free and orderly manner. For the purpose of this provision, surfacing of concrete, asphalt, clean sand or gravel, placed on soil treated for weed control or appropriate landscaping shall be deemed to comply with this provision.

3. Loading Docks, Storage, Etc.: Loading docks, loading areas, surface yards, outdoor storage or sales area, when permitted, and all trash, rubbish, or garbage receptacles or containers, which are located in a direct line of vision from any portion of adjacent R zoned properties, shall be enclosed or screened or be separated from such R zoned properties by a view obscuring fence or wall, not less than six feet (6') in height, measured from the finished grade of the M-2 lot. No outdoor storage shall be permitted to extend above the height of such fence or wall.

4. Signs: All signs, advertising structures and the like, located upon such properties, and all driveways to and from such properties, shall, as far as is consistent with the public safety, be located remote from such R zoned properties, when such R zoned properties are located on the same side of the street as said M-2 zoned properties.

5. Mechanical Devices: All mechanical heating, air conditioning, refrigeration or similar devices, maintained and operated on the exterior of buildings located in the M-2 zone, shall be enclosed, and shall be designed, installed, operated and maintained in such a manner as to eliminate unsightliness, noise, smoke, dust, etc., which would otherwise cause an interference with adjacent R zoned properties.

6. Change In Grade: Where it is contemplated to change the grade or elevation of such M-2 zoned properties, in excess of three feet (3') vertically, those portions of the property abutting R zoned properties, a grading plan therefor shall be submitted to the city engineer, in order to obtain a grading permit and shall show fencing, landscaping, barricades, retaining walls, and other protective devices, designed to protect abutting R zoned properties.

7. Dish Antennas: The standards of development for dish antennas shall be subject to the limitations as set forth in subsection 9-1N-31E of this chapter.

8. Commercial Or Manufacturing Unit: No commercial or manufacturing unit shall contain less than seven hundred fifty (750) square feet of floor area. (1960 Code; amd. Ord. 85-562; Ord. 88-631)

The commercial consumer shall arrange for and pay the cost of installation by a licensed plumber or an approved contractor of all water meters and backflow preventers. With respect to existing residential properties, the City shall be responsible for the costs and installation of the water service line from the main to the water meter pit. The homeowner shall pay, if necessary, the costs to move and install the line from the residence to the meter pit. (Ord. 840, 9-19-2017)

A. Any person found to be violating any provision of this division except section 23-46 of this chapter, shall be served by the city 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 such notice, permanently cease all violations.

B. Any person who shall continue any violation beyond the time limit provided for in subsection A of this section, shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in the amount not exceeding seven hundred fifty dollars ($750.00) for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.

C. Any person violating any of the provisions of this division shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation. (Ord. 539, § 1-3, 8-18-1983)

The city of Worland (hereinafter called board), shall determine the total annual costs of operation and maintenance of the wastewater system which are necessary to maintain the capacity and performance, during the service life of the treatment works, for which such works were designed and constructed. The total annual cost of operation and maintenance shall include, but need not be limited to, labor, repairs, equipment replacements, maintenance, necessary modifications, power, sampling, laboratory tests, and a reasonable contingency fund. An additional surcharge shall be added to customers in outlying sewer districts for the use of existing facilities. (Ord. 538, § 2, 8-18-1983; Ord. 816, 8-19-2014)

No person shall keep such a billiard hall, pool hall or bowling alley open for business between the hours of twelve o'clock (12:00) midnight and eight o'clock (8:00) A.M. of any day. (1986 Code)

Each person keeping, maintaining, or operating a food store, food service establishment or temporary food service establishment in the village, and each owner or operator of a food delivery vehicle or food vending machine, shall on or before January 1 of each year, exhibit to the village clerk a current valid permit, issued by the health officer as provided in chapter 8, article III of this code, and shall pay to the village clerk for each such establishment or privilege, a license fee in the amount prescribed in appendix D of this code, whereupon a license shall be issued to such person. However, the owner or operator of a food delivery vehicle with a permit from another municipality of this state may provide the village clerk with proof of permit from such other municipality in lieu of such permit from the health officer of the village of Northfield. (1986 Code)

(1) License Required - Definition. No person shall operate a barbershop in the village without first having secured a license therefor. No license shall be issued to any person who has not obtained a certificate of registration as required by the laws of this state. For purposes of this section, any commercial establishment or premises in which men's hair is cut, washed or styled shall be deemed a barbershop.

(2) Fee. The annual fee for a barbershop license shall be as prescribed in appendix D to this code.

(3) Sanitation And Inspection. Premises used as a barbershop shall be maintained in a clean and sanitary condition and shall be subject to inspection by the health officer in accordance with such rules and regulations as may be established by law.

(4) Safety. Premises used as a barbershop shall be maintained in a safe condition and shall be inspected at least once every six (6) months by the fire prevention bureau. All such establishments shall conform to all safety provisions of this code. (1986 Code)

(1) Registration Required. No person shall engage in the business of electrical contractor without having first obtained a certificate of registration therefor as herein required. Applications for such certificates shall be made to the village clerk.

(2) Fee. The annual fee for registering as an electrical contractor shall be as prescribed in appendix D of this code.

(3) Definition. The term "electrical contractor" as used in this section is hereby defined as and shall be construed to mean any person, firm, or corporation engaged in the business of installing or altering electrical equipment for the utilization of electricity supplied for light, heat or power not including radio apparatus or equipment installed for or by public utilities, including common carriers which are under the jurisdiction of the Illinois commerce commission for the use in their operation as public utilities. A separate certificate shall not be required for each employee of an electrical contractor.

(4) Regulations. It shall be unlawful for any person registered under the provisions of this section to install any electrical equipment without strict compliance with the ordinances relating to such fixtures; and it shall be unlawful for any person to do any such work without having obtained such permits as may be required.

(5) Out Of Town Contractors. Out of town contractors shall obtain permits according to the following provisions: (1986 Code)

(a) Any electrical contractor who is registered as such in any other municipality of this state shall not be required to register or to pay a registration fee in this village. Every person registered in any other city or village in the state shall produce for inspection by the community development director or his/her designate his certificate issued by such other city or village before doing business in this village. (1986 Code; amd. Ord. 99-960, 1-25-1999)

(b) If any contractor does not have a current permit from any other municipality, he must obtain one before doing any work in this village. (1986 Code)

Every taxicab owner providing service within the village is required to furnish safe and adequate service at just and reasonable rates within the village as may be required to assure adequate accommodations to the public in accordance with the provisions of this chapter, including, but not limited to, twenty four (24) hour on call service. All operators shall have an adequate knowledge of the roadways of the area. (1986 Code)

Every person or organization desiring to engage in "soliciting", pursuant to subsection (1), (2) or (3) of that term as defined in section 11-59 of this division, and whose product is to be delivered at a later time, is required to make written application for a certificate of registration. No such person or organization may solicit unless registered as set forth in this division. If the solicitor is an organization, only the person managing the solicitation effort in Northfield need be named on the registration application. However, a list of all persons from the organization soliciting at residences in Northfield must be available upon request of the chief of police. Persons "soliciting", pursuant to subsection (4) of that term as defined in section 11-59 of this division, are not required to, but may, register. (Ord. 05-1249, 7-19-2005)

No more than five (5) gasoline service stations shall be permitted within the corporate limits of the Village. (1986 Code)

It shall be unlawful for any person to erect, place, maintain or operate, on any public street or sidewalk, or in any other public way or place, in the village any newspaper vending machines without first having obtained a permit from the village specifying the exact location of such machine(s). One permit may be issued to include any number of newspaper vending machines and shall be signed by the applicant. (Ord. 482, 10-28-1986)

No person, firm or corporation shall conduct a raffle without obtaining a raffle license from the Village. The permit fee per raffle shall be as provided in appendix D, article I of this Code. (Ord. 90-627, 4-23-1990; amd. Ord. 02-1130, 12-3-2002; Ord. 15-1610, 3-17-2015)

No film production of movies, television programs, commercials or training films and related activities for commercial use shall take place in the village without first having obtained a permit from the village manager. The fee for this permit shall be as designated in appendix D of this code. (Ord. 91-689, 8-26-1991; amd. Ord. 14-1591, 6-17-2014)

(1) Any person licensed as a firearms dealer pursuant to federal law at a business premises located within the village shall apply for and obtain a Northfield firearms dealer's license. A Northfield firearms dealer's license shall be required in addition to any other license required by law. Possession of a valid federal firearms dealer's license shall be deemed proof of being engaged in an activity requiring a federal firearms dealer's license and thus requiring a Northfield firearms dealer's license.

(2) Gun shows shall not be permitted within the village.

(3) Any person who becomes a federally licensed firearms dealer after September 1, 1994, and is required under this division to obtain a Northfield firearms dealer's license, shall apply for such license within fourteen (14) days of receipt of the federal firearms dealer's license.

(4) No person shall be licensed for more than one location within the village.

(5) No license issued under this division shall be transferable or assignable to any other person or any other location. (Ord. 95-831, 2-27-1995)

No person shall conduct, operate or maintain or permit to be conducted, operated or maintained, or participate in the conduct, operation or maintenance of, a massage establishment within the Village unless the Village has issued a license for such massage establishment as provided for in this division which is in full force and effect, and such valid and current license is displayed in a conspicuous place within the massage establishment at all times. Licenses shall be valid for a period of one year and shall be valid only for the address specified as the location of the massage establishment in the application for license. (Ord. 11-1479, 2-15-2011)

There is hereby established a sewerage division of the department of public works. The sewerage system operated by virtue of this division shall be a combined water and sewerage system pursuant to chapter 24 of the Illinois municipal code. (Ord. 89-613, 11-28-1989)

It shall be unlawful to permit or cause to be discharged any waste whatsoever into any storm sewer or any natural outlet within the village, except where suitable treatment has been provided in accordance with all applicable codes.

Any person violating the provisions of this section shall be fined not less than two hundred dollars ($200.00) and not more than one thousand dollars ($1,000.00) for each offense. Each day said violation is continued shall constitute a separate offense. (Ord. 89-613, 11-28-1989)

Application for a sanitary sewer permit shall be made on a special form furnished by the department of community development and building. The permit application shall be accompanied by three (3) sets of construction plans, specifications and any other information reasonably considered pertinent in the judgment of the department of community development and building. (Ord. 99-959, 1-25-1999)

For purposes of determining those materials or substances the discharge of which into the public sewer is prohibited or restricted; article III sections 1 and 2 of sewerage waste control ordinance as amended July 7, 1988, published by the water reclamation district of greater Chicago are hereby adopted by reference as though fully set forth herein. (Ord. 89-613, 11-28-1989)

The department shall be administered by the chief of police who shall be appointed by the village manager. (1986 Code)

The department shall be administered by the fire rescue chief, who shall be appointed by the village manager. The fire rescue chief may, for both official and unofficial purposes, be referred to as the fire chief. (Ord. 99-993, 9-27-1999)

It shall be the duty of the bureau of fire prevention to enforce all provisions of the village's fire prevention code, life safety code and building code as approved by the corporate authorities. (1986 Code)

There is hereby created the position of health officer, an administrative officer of the village. The health officer shall be a person suitably trained or experienced in public health administration, and shall be appointed by the village manager and be subject to removal by him.

At such time or times as this village shall have a health department, he shall be head of the health department, and shall be responsible to the village manager for the efficient administration of the department's services to said village.

Whenever in this code detailed duties and responsibilities of the department of health are prescribed and the term "health officer" is used, it shall be understood to include not only that officer but any member of the department's staff assigned to act in his stead.

The health officer shall be an ex officio chief health inspector. The salary of the health officer shall be fixed by the village manager subject to the approval of the corporate authorities. (1986 Code)

A. Definitions: For purposes of this section the following definitions shall apply:

BID LIMIT: Has the same meaning as in section 3.10.030 of this chapter.

CONTRACTOR: A person or entity who is or may be awarded a construction contract for a building improvement or a public works project.

COVERED EMPLOYEE: An individual who provides on average at least thirty (30) hours per week of services directly related to a design or construction contract for a contractor or subcontractor, including, but not limited to, an individual in a safety sensitive position such as a design position responsible for the safety of a building improvement or public works project.

DRUG AND ALCOHOL TESTING POLICY: A policy under which a contractor or subcontractor tests a covered individual to establish, maintain, or enforce a prohibition of:

1. The manufacture, distribution, dispensing, possession, or use of drugs or alcohol, except the medically prescribed possession and use of a drug, and

2. The impairment of judgment or physical abilities due to the use of drugs or alcohol.

HEALTH BENEFIT PLAN: means an insurance policy that provides healthcare coverage, including major medical expenses, or is offered as a substitute for hospital or medical expense insurance, such as a hospital confinement indemnity or limited benefit plan. A health benefit plan does not include an insurance policy that provides benefits solely for accidents, dental, income replacement, long term care, a medicare supplement, a specific disease, vision, or a short-term limited duration where it is offered and marketed as a supplement health insurance.

LOWEST RESPONSIVE RESPONSIBLE BIDDER: Has the same meaning as in section 3.10.030 of this chapter.

PUBLIC WORKS PROJECT:

1. The construction of:

a. A park, recreational, power or other City facility; or

b. A pipeline, culvert, dam, canal, or other system for water, sewage, stormwater, flood control, power or other City infrastructure.

2. Public works project does not mean:

a. The replacement or repair of existing infrastructure on private property; or

b. Supply contracts.

QUALIFIED HEALTH INSURANCE COVERAGE: Means, at the time a contract is entered into or renewed:

1. A health benefit plan (not including dental coverage) and employer contribution level with a combined actuarial value at least equivalent to the combined actuarial value of the benchmark plan determined by the children's health insurance program under section 26-40-106(2)(a), Utah Code Annotated, as amended or its successor, and a contribution level of at least fifty percent (50%) of the premiums for the employee and the dependents of the employee who reside or work in the State under which:

a. The employer pays at least fifty percent (50%) of the premium for the employee and the dependents of the employee; and

b. For purposes of calculating actuarial equivalency under this provision, rather than benchmark plan deductibles and the benchmark plan out of pocket maximum based on income levels:

(1) The annual deductible is maximum one thousand dollars ($1,000.00) per individual and three thousand dollars ($3,000.00) per family; and

(2) The annual out of pocket maximum is three thousand dollars ($3,000.00) per individual and nine thousand dollars ($9,000.00) per family; or

2. A federally qualified, high deductible health plan (not including dental coverage) that at a minimum has a deductible which is either:

a. The lowest deductible permitted for a federally qualified, high deductible plan; or

b. A deductible that is higher than the lowest deductible permitted for a federally qualified, high deductible plan, but includes an employer contribution to a health savings account in a dollar amount at least equal to the dollar amount difference between the lowest deductible permitted for a federally qualified, high deductible plan and the deductible for an employer offered federal qualified, high deductible plan; and

(1) Has an out of pocket maximum that does not exceed three (3) times the amount of the annual deductible; and

(2) The employer pays sixty percent (60%) of the premium for the employee and the dependents of the employee who work or reside in the State of Utah.

RANDOM TESTING: Periodic examination of a covered employee, selected on the basis of chance, for drugs and alcohol in accordance with a drug and alcohol testing policy.

SUBCONTRACTOR: Any person or entity who may be awarded a contract with contractor or another subcontractor to provide services or labor for the construction of a building improvement or public works project. "Subcontractor" includes a trade, contractor, or specialty contractor but does not include a supplier who provides only materials, equipment, or supplies to a contractor or subcontractor.

VETERAN: An individual who:

1. Has served on active duty in the Armed Forces of the United States for more than one hundred eighty (180) consecutive days, or

2. Was a member of a reserve component who served in a campaign or expedition for which a campaign medal has been authorized and who has been separated or retired under honorable conditions, or

3. Any individual incurring an actual service related injury or disability in the line of duty, whether or not the person completed one hundred eighty (180) consecutive days of active duty.

B. Cost Estimate Required: The Purchasing Agent, or designee, shall require any City department intending to undertake a building improvement or public works project to prepare:

1. Plans and specifications for the building improvement or public works project; and

2. An estimate of the cost of the building improvement or public works project.

C. Method Of Construction Contracting Management: The requirements of subsection B of this section do not preclude the use of any method of construction contracting management outlined in section 3.10.360 of this chapter. Any method of construction contracting management may be used so long as the requirements of subsection B of this section are reasonably complied with.

D. When Bid Limit Exceeded: If the cost estimate required under subsection B of this section exceeds the bid limit specified in section 3.10.030 of this chapter, the Purchasing Agent, or designee, shall require the building improvement or public works project to be procured according to the requirements of Utah Code section 11-39-103, as amended and this chapter.

E. Determine Lowest Responsive Responsible Bidder: The Procurement Agent shall determine the lowest responsive responsible bidder by applying, in addition to the criteria in section 3.10.200 of this chapter, a preference system to determine whether the contractor and every subcontractor, if any, has demonstrated to the City's satisfaction that they have and will maintain:

1. An offer of qualified health insurance available to a contractor's and subcontractor's covered employees and the employees' dependents;

2. A drug and alcohol testing policy during the period of the contract that applies to all covered employees employed or hired by the contractor or any subcontractor and require covered employees to submit to random testing under the drug and alcohol testing policy;

3. A program to actively recruit and/or employ veterans;

4. A job training program, such as, by way of example and not limitation, a Federal, State, and/or City recognized job training program;

5. A safety program; and

6. A formal policy of nondiscrimination as required by Federal, State, and local law.

F. Applying Preference System: The City's Procurement Official shall apply the preference system under subsection E of this section by making an award to the responsive and responsible bidder that qualifies for the most preferences, if the qualifying bidder's bid is equal to or less than one hundred four percent (104%) of the lowest responsive and responsible bid or within fifty thousand dollars ($50,000.00), whichever value is less. If multiple vendors qualify for the same number of preferences, the award shall be made to the lowest responsive and responsible bid among them. (Ord. 19-45 § 2: Ord. 17-14)

1. A performance bond satisfactory to the City, executed by a surety company authorized to do business in the State of Utah or otherwise secured in a manner satisfactory to the City, in an amount equal to one hundred percent (100%) of the price specified in the agreement; and

2. A payment bond satisfactory to the City, executed by a surety company authorized to do business in the State or otherwise secured in manner satisfactory to the City, for the protection of all persons supplying labor and material to the contractor or its subcontractor for the performance of the work provided for in the agreement. The bond shall be in an amount equal to one hundred percent (100%) of the price specified in the agreement.

B. Authority To Require Additional Bonds: Nothing in this section shall be construed to limit the authority of the City to require a performance bond or other security in addition to those bonds, or in circumstances other than specified in subsection A of this section.

C. Suits On Payment Bonds; Right To Institute: Unless otherwise authorized by law, any person who has furnished labor or material to the contractor or subcontractor for the work provided in the agreement, for which a payment bond is furnished under this section, and who has not been paid in full within ninety (90) days from the date on which that person performed the last of the labor or supplied the material, shall have the right to sue on the payment bond for any amount unpaid at the time the suit is instituted and to prosecute the action for the amount due that person. However, any person having an agreement with a subcontractor of the contractor, but no express or implied agreement with the contractor furnishing the payment bond, shall have the right of action upon payment bond upon giving written notice to the contractor within ninety (90) days from the date on which that person performed the last of the labor or supplied the material. That person shall state in the notice the amount claimed and the name of the party to whom the material was supplied or for whom the labor was performed. The notice shall be served personally or by registered or certified mail, postage prepaid, in an envelope addressed to the contractor at any place the contractor maintains an office or conducts business.

D. Suits On Payment Bonds; Where And When Brought: Unless otherwise authorized by law, every suit instituted upon a payment bond shall be brought in a court of competent jurisdiction for the county or district in which the construction agreement was to be performed. (Ord. 17-14)

It is unlawful to discharge into any stream or watercourse any sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with provisions of this article. (Ord. 309 Art. 3, § 2, 1975)

A. Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the superintendent. The application for such permit shall be made on a form furnished by the city which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the superintendent.

B. A permit and inspection fee shall be paid to the city at the time application is filed in accordance with the provisions of division VII of this article. (Ord. 309 Art. 4, § 2, 1975)

Construction of building sewers and lateral sewers shall be in accordance with the requirements of the county and the requirements of the city. In case of conflict, the more stringent shall apply. (Ord. 309 Art. 5, § 2, 1975)

A. The application for a permit for public sewer construction shall be accompanied by complete plans, profiles and specifications, complying with all applicable ordinances, rules and regulations of the city, prepared by a registered civil engineer showing all details of the proposed work based on an accurate survey of the ground.

B. The application, together with the plans, profiles and specifications shall be examined by the city engineer who shall within ten (10) days approve them as filed or require them to be modified as he deems necessary for proper installation. After examination by the city engineer, the application, plans, profiles and specifications shall be submitted to the council at its next regular meeting for its consideration.

C. When the council is satisfied that the proposed work is proper and the plans, profiles and specifications are sufficient and correct, it shall order the issuance of a permit predicated upon the payment of all connection charges, fees and furnishing bonds as required by the city.

D. The permit shall prescribe such terms and conditions as the council finds necessary in the public interest. (Ord. 309 Art. 6, § 2, 1975)

Storm water and all other unpolluted drainage shall be discharged into such sewers as are specifically designated as combined sewers or storm sewers, or into a natural outlet approved by the engineer. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the engineer, into a storm sewer or natural outlet. (Ord. 309 Art. 7, § 2, 1975)

A. Any person legally entitled to apply for and receive a permit shall make such application on forms provided by the city for that purpose. He shall give a description of the character of the work proposed to be done and the location, ownership, occupancy and use of the premises in connection therewith. The superintendent may require plans, specifications or drawings and such other information as he may deem necessary.

B. If the superintendent determines that the plans, specifications, drawings, descriptions or information furnished by the applicant are in compliance with the ordinances, rules and regulations of the city, he shall issue the permit applied for upon payment of the required fees as fixed in this article. (Ord. 309 Art. 8, § 2, 1975)

A. The sewer user rate shall be based on the equivalent sewer schedule, "one equivalent user" defined as contributing two hundred fifty (250) gallons per day, 0.42 pound of five (5) day BOD per day and 0.50 pound of suspended solids per day to the sewer system. The user equivalent schedule is as follows:

USER EQUIVALENT SCHEDULE

Churches	1 equivalent user
Mobile home or trailer house	1 equivalent user per trailer
Multiple living units¹	1 equivalent user per apartment
Office	1 equivalent user
Single-family residences	1 equivalent user
Special user²	Not applicable

Notes:
1. This basis of charge applicable to multiple living unit not designated as a special user.
2. Each special user shall be evaluated separately based on the flow, BOD and suspended solids characteristics of the sewage discharged to the sewer. A copy of the list of special users, the characteristics of their sewage and the user charge for each shall be kept on file at all times in the office of the city clerk.

B. The equivalent user charge shall be established by the city. The methods of computation set forth in the schedule (attached to the ordinance codified herein and on file in the office of the clerk-treasurer) shall be used in setting all sewer user charges. (Ord. 309 Art. 9, § 2, 1975)

The officers, superintendents and any duly authorized employee of the city shall carry evidence establishing his position as an authorized representative of the city and upon exhibiting the proper credentials and identification shall be permitted to enter in and upon any and all buildings, industrial facilities and properties for the purposes of inspection, reinspection, observation, measurement, sampling, testing or otherwise performing such duties as may be necessary in the enforcement of the provisions of the ordinances, rules and regulations of the city. (Ord. 309 Art. 11, § 2, 1975)

Any person violating any of the provisions of the ordinances, rules or regulations of the city shall become liable to the city for any expense, loss or damage occasioned by the city by reason of such violation. (Ord. 309 Art. 10, § 3, 1975)

Before any conditional use permit is granted, the applicant shall show, to the satisfaction of the commission or the Council, the existence of the following facts:

A. That the site for the proposed use is adequate in size, shape, topography and circumstances; and

B. That the site has sufficient access to streets and highways, adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use; and

C. That the proposed use will not have an adverse effect upon the use, enjoyment or valuation of adjacent or neighboring properties or upon the public welfare. (Ord. 92-724)

Each such application shall be accompanied by a filing and processing fee, the fees for planning services shall be prescribed by resolution adopted from time to time. (1960 Code)

Any variance or conditional use permit shall be null and void if the use permitted thereunder is not exercised within the time specified in the resolution approving such variance or conditional use permit, or if no time is so specified, if the same is not exercised within one year from the date said variance or permit is granted; provided that the granting body upon good cause shown by the applicant, may extend the time limitations imposed by this section, once, for a period not to exceed one year. (1960 Code)

No peddler, solicitor, mobile outdoor seller, or outdoor seller shall engage in business within any portion of any public right-of-way, unless a designated area is authorized by the City of Grove. (Ord. 720, 4-5-2016)

If any person discharges sewage, industrial wastes, or other wastes into the wastewater disposal system contrary to the provisions of this article or any other permit or order issued hereunder, the director, through the village attorney, may commence an action for appropriate legal and/or other equitable relief in the circuit court of Lake County.

A. Injunctive Relief: Whenever an industrial user has violated or continues to violate the provisions of this article, its wastewater discharge permit, or order issued hereunder, the director, through counsel may petition the court for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains or compels the activities on the part of the industrial user. (Ord. 2005-10, 3-15-2005; amd. Ord. 2010-03, 1-26-2010; Ord. 2015-08, 1-27-2015)

B. Civil Penalties:

1. Any industrial user who has violated or continues to violate the pretreatment ordinance or its wastewater discharge permit, or order issued hereunder, shall be liable to the POTW for a civil penalty at the discretion of the director, in the amount of one thousand dollars ($1,000.00) plus actual damages incurred by the POTW per violation per day for as long as the violation continues. In addition to the above described penalty, the POTW may also recover reasonable attorney fees, court costs, and any other applicable expenses associated with the enforcement activities including sampling, monitoring and inspections. (Ord. 2011-18, 6-28-2011; amd. Ord. 2015-08, 1-27-2015)

2. The director shall petition the court to impose, assess, and recover such sums. In determining amount of liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the industrial user's violation, corrective actions by the industrial user, the compliance history of the user, and any other factor as justice requires. (Ord. 2005-10, 3-15-2005; amd. Ord. 2010-03, 1-26-2010; Ord. 2015-08, 1-27-2015)

A. General Permits: All significant industrial users proposing to connect to or contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. The POTW shall have the option of requiring all industrial users to have a wastewater discharge permit.

B. Permit Application: All SIUs and users required to obtain a wastewater discharge permit shall complete and file with the village of Fox Lake an application in the form prescribed by the village of Fox Lake, along with a permit fee of one hundred fifty dollars ($150.00) ninety (90) days prior to connecting to or contributing to the POTW.

In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

1. Name, address, and location (if different from the address) of owners and operator;

2. SIC number according to the "Standard Industrial Classification Manual", bureau of the budget, 1972, as amended;

3. Time and duration of discharges;

4. Average daily and thirty (30) minute peak wastewater flow rates, including daily, monthly, or seasonal variations if any;

5. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, floor drains and appurtenances by the size, location and elevation, an up to date water use schematic, and all points of discharge;

6. Description of activities, facilities, and all processes on the premises including those materials which are or could be discharged to the POTW;

7. Each product and/or byproduct produced by type, amount, process, and rate of production;

8. Type and amount of raw materials processed (average and maximum per day);

9. The nature and concentration of any pollutants in the discharge which are limited by any city, state, or federal pretreatment standard, and a statement signed by an authorized representative of the user and certified by a qualified professional regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards;

10. Wastewater constituents and characteristics including, but not limited to, those mentioned in sections 7-3A-11 through 7-3A-21 of this article shall be determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to section 304(g) of the act and contained in 40 CFR part 136, as amended;

11. Number and type of employees, the hours of operation of the pretreatment system and the proposed or actual hours of operation;

12. List of any environmental control permits held by or for the facility;

13. When additional pretreatment and/or O&M is required to meet the pretreatment standards; the user shall provide such additional pretreatment by the shortest schedule possible.

The following conditions shall apply to this schedule:

a. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of any additional pretreatment equipment required by the user to meet any applicable pretreatment standards;

b. These increments of progress shall not exceed nine (9) months; (Ord. 2005-10, 3-15-2005)

c. No later than fourteen (14) days following each incremental date of the schedule, including the final date for compliance; the user shall submit a progress report to the director of the POTW. If any increment of progress is not met, the progress report shall contain detailed information as to the reason for the delay, and the steps being taken by the user to return to the construction schedule established in the compliance schedule. (Ord. 2005-10, 3-15-2005; amd. Ord. 2010-03, 1-26-2010; Ord. 2015-08, 1-27-2015)

14. Any other information as may be deemed by the POTW to be necessary to evaluate the permit application.

C. Application Signatories And Certification: All wastewater discharge permit applications and user reports, including BMRs, compliance reports, and periodic compliance reports must be signed by an authorized representative of the user and contain the following certification statement:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

D. Review Of Permit Applications: The POTW will evaluate the data furnished by the user in the wastewater discharge permit application and may require additional information. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. After evaluation of all data furnished by the user, the POTW may issue a wastewater discharge permit. No temporary permits will be issued.

E. Permit Conditions: Wastewater discharge permits shall be expressly subject to all provisions of this article and other applicable regulations, user charges, and fees established by the POTW.

1. Wastewater Discharge Permit Requirements: Permits shall contain, as appropriate, the following:

a. Statement of duration (not greater than 5 years) including issuance and expiration dates. (Ord. 2005-10, 3-15-2005)

b. Effluent limitations based on the more stringent of national categorical pretreatment standards, or local limits as established by this article, state and local law. (Ord. 2011-18, 6-28-2011)

c. General and specific discharge prohibitions as established by sections 7-3A-12 and 7-3A-13 of this article.

d. This requirement to pay fines and/or surcharges when the wastewater discharged exceeds the limitations required by the permit and this article.

e. Limits on average and maximum flow rate and the time of discharge may be included in permits if deemed necessary by the POTW.

f. Requirements for installation and maintenance of inspection, sampling and monitoring facilities.

g. Requirements and specifications for self-monitoring programs including sampling locations, frequency of sampling, number and type of sample (grab or composite), reporting schedule, and standards for tests.

h. Compliance schedule when necessary.

i. Requirements for submission of technical reports, discharge reports or certification statements. These include any reporting requirements contained in a national categorical standard, 40 CFR 403.12, or this article.

j. Requirements for collecting/retaining and providing access to all plant records relating to the user's discharge and for providing entry for sampling and inspection of facilities.

k. Requirements for prompt notification of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater being introduced into the wastewater treatment system in advance.

l. Requirements for notification of spills, slug loadings (as defined herein), upsets, or other violations that could have the potential to cause a problem at the POTW.

m. Requirements to develop and implement spill and slug control plans.

n. Requirements for installation, operation and maintenance of pollution control equipment.

o. Requirements that the permittee provide other information to the POTW from time to time as may reasonably be required.

p. Statement of nontransferability, and conditions for modification or revocation of permit.

q. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law.

2. Change In Conditions: In the event the type, quantity or volume of wastewater from the property for which a wastewater discharge permit was previously granted is expected to materially and substantially change as reasonably determined by the permittee or POTW, the permittee previously granted such permit shall give thirty (30) days' notice in writing to the POTW and shall submit a new permit application to the POTW prior to said change. No permittee shall materially or substantially change the type, quantity or volume of its wastewater beyond that allowed by its permit without prior approval by the POTW.

3. Duration: Wastewater discharge permits shall be issued for a specific time period not to exceed five (5) years. The permittee shall file an application for renewal of its permit at least ninety (90) days prior to the expiration of the user's permit. The industrial user shall apply, on a form provided by the POTW, for reissuance of the permit.

4. Modification: The terms and conditions of the permit may be subject to modification by the POTW during the term of the permit as limitations or requirements identified in sections 7-3A-11 through 7-3A-21 of this article are modified or other just cause exists. Where the national categorical pretreatment standards are modified by a removal allowance (40 CFR 403.7), or the combined waste stream formula (40 CFR 403.0(e)), or net/gross calculations (40 CFR 403.15) or fundamentally different factor variance for nontoxics (40 CFR 403.13), of the general pretreatment regulations, the limits as modified shall be made a part of the wastewater discharge permit and shall be adjusted consistent with USEPA guidelines and regulations. The permit holder shall be notified of any proposed changes to their permit at least thirty (30) days prior to the effective date of the change. When a change is made to a significant industrial user's permit, a reasonable time period shall be given the significant industrial user to achieve compliance. Reasonable time required that a significant industrial user act in good faith to achieve compliance is by the shortest possible schedule.

5. Transfer: Wastewater discharge permits are issued to a specific user for the process activity specified in the permit. A wastewater discharge permit shall not be assigned, transferred or sold to a new owner or new user in different premises or to a new or changed operation in the same or different premises without the approval of the POTW. If the premises are sold or otherwise transferred by the permittee to a new owner who will maintain the operation in the same premises, then the permit held by the seller may be reissued by the POTW to the new owner as a short term permit and shall expire within ninety (90) days from the date of reissuance. The new owner shall apply for permit, on a form established by the POTW. The POTW shall have the same remedies for violations of short term permits as it has for violations of other discharge permits. (Ord. 2005-10, 3-15-2005)

No person not exempted by State law, shall commence any development in an SFHA or flood plain without first obtaining a development permit from the Hearing Officer. (Ord. 95-31, 8-7-95, § 3.)

The Board of Trustees shall take into account flood hazards, to the extent that they are known in all official actions related to land management, use and development.

(a) New subdivisions, manufactured home parks, annexation agreements, and planned unit developments (PUDS) within the SFHA shall be reviewed to assure that the proposed developments are consistent with Sections 10-10, 10-11, 10-12 and 10-13 of this Article and the need to minimize flood damage. Plats or plans for new subdivisions, manufactured home parks and planned unit developments (PUDS) shall include a signed statement by a registered professional engineer that the plat or plans account for changes in the drainage of surface waters in accordance with the Plat Act⁶.

(b) Proposals for new subdivisions, manufactured home parks, travel trailer parks, planned unit developments (PUDS) and additions to manufactured home parks and additions to subdivisions shall include base flood or 100-year frequency flood elevation data and floodway delineations. Where this information is not available from an existing study filed with the Illinois State Water Survey, the applicant's engineer shall be responsible for calculating the base flood or 100-year frequency flood elevation per subsection 10-9-1(d) and the "floodway" delineation per the definition in Section 10-6 and submitting it to the State Water Survey and DWR for review and approval as best available regulatory data.

(c) Streets, blocks, lots, parks and other public grounds shall be located and laid out in such a manner as to preserve and utilize natural streams and channels. Wherever possible, the flood plains shall be included within parks or other public grounds.

(d) The Board of Trustees shall not approve any planned unit development (PUD) or plat of subdivision located outside the corporate limits unless such agreement or plat is in accordance with the provisions of this Article. (Ord. 95-31, 8-7-95, § 3.)

Act: "An Act in relation to the regulation of the rivers, lakes and streams of the State of Illinois", 615 Illinois Compiled Statutes 5/5 et seq.
Applicant: Any person, firm, corporation or agency which submits an application.
Appropriate Use: Only uses of the regulatory floodway that are permissible and will be considered for permit issuance. The only uses that will be allowed are as specified in section 10-11-4 of this article.
Base Flood: The flood having a one percent (1%) probability of being equaled or exceeded in any given year. The base flood is also known as the 100-year frequency flood event. Application of the "base flood elevation" at any location is as defined in section 10-9 of this article.
Building: A structure that is principally aboveground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home, mobile home or a prefabricated building. This term also includes recreational vehicles and travel trailers to be installed on a site for more than one hundred eighty (180) days.
Channel: Any river, stream, creek, brook, branch, natural or artificial depression, ponded area, flowage, slough, ditch, conduit, culvert, gully, ravine, wash, or natural or manmade drainageway, which has a definite bed and banks or shoreline, in or into which surface or ground water flows, either perennially or intermittently.
Channel Modification: Alteration of a channel by changing the physical dimensions or materials of its bed or banks. Channel modification includes damming, riprapping or other armoring, widening, deepening, straightening, relocating, lining and significant removal of bottom or woody vegetation. Channel modification does not include the clearing of dead or dying vegetation, debris, or trash from the channel. Channelization is a severe form of channel modification typically involving relocation of the existing channel (e.g., straightening).
Compensatory Storage: An artificially excavated, hydraulically equivalent volume of storage within the SFHA used to balance the loss of natural flood storage capacity when artificial fill or structures are placed within the flood plain. The uncompensated loss of natural flood plain storage can increase off site flood water elevations and flows.
Conditional Approval Of A Regulatory Floodway Map Change: Preconstruction approval by DWR and the federal emergency management agency of a proposed change to the floodway map. This preconstruction approval, pursuant to this article, gives assurances to the property owner that once an appropriate use is constructed according to permitted plans, the floodway map can be changed, as previously agreed, upon review and acceptance of as built plans.
Conditional Letter Of Map Revision (CLOMR): A letter which indicates that the federal emergency management agency will revise base flood elevations, flood insurance rate zones, flood boundaries or floodways as shown on an effective flood hazard boundary map or flood insurance rate map, once the as built plans are submitted and approved.
Control Structure: A structure designed to control the rate of flow that passes through the structure, given a specific upstream and downstream water surface elevation.
DWR: Illinois department of natural resources, office of water resources.
Dam: All obstructions, wall embankments or barriers, together with their abutments and appurtenant works, if any, constructed for the purpose of storing or diverting water or creating a pool. Underground water storage tanks are not included.
Development: Any manmade change to real estate, including:

(a) Construction, reconstruction, repair, or placement of a building or any addition to a building.

(b) Installing a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer on a site for more than one hundred eighty (180) days.

(c) Drilling, mining, installing utilities, construction of roads, bridges, or similar projects.

(d) Demolition of a structure or redevelopment of a site.

(e) Clearing of land as an adjunct of construction.

(f) Construction or erection of levees, walls, fences, dams, or culverts; channel modification; filling, dredging, grading, excavating, paving, or other nonagricultural alterations of the ground surface; storage of materials; deposit of solid or liquid waste.

(g) Any other activity of man that might change the direction, height, or velocity of flood or surface water, including extensive vegetation removal.
Development does not include maintenance of existing buildings and facilities such as reroofing or resurfacing of roads when there is no increase in elevation, or gardening, plowing, and similar agricultural practices that do not involve filling, grading, or construction of levees.
Elevation Certificates: A form published by the federal emergency management agency that is used to certify the elevation to which a building has been elevated.
Erosion: The general process whereby soils are moved by flowing water or wave action.
Exempt Organizations: Organizations which are exempt from this article per the Illinois Compiled Statutes including state, federal or local units of government.
FEMA: Federal emergency management agency and its regulations at 44 CFR 59-79 effective as of March 20, 1997. This incorporation does not include any later editions or amendments.
Flood: A general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waves, or the unusual and rapid accumulation or runoff of surface waters from any source.
Flood Frequency: A period of years, based on a statistical analysis, during which a flood of a stated magnitude may be expected to be equaled or exceeded.
Flood Fringe: That portion of the floodplain outside of the regulatory floodway.
Flood Insurance Rate Maps (FIRMs): A map prepared by the federal emergency management agency that depicts the special flood hazard area (SFHA) within a community. This map includes insurance rate zones and floodplains and may or may not depict floodways.
Flood Protection Elevation (FPE): The elevation of the base flood or 100-year frequency flood plus one foot (1') of freeboard at any given location in the SFHA.
Floodplain: That land typically adjacent to a body of water with ground surface elevations at or below the base flood or the 100-year frequency flood elevation. Floodplains may also include detached special flood hazard areas, ponding areas, etc. The floodplain is also known as the "special flood hazard area (SFHA)". The floodplains are those lands within the jurisdiction of the village that are subject to inundation by the base flood or 100-year frequency flood. The SFHAs of the village are generally identified as such on the following map number 17031C, and panels 0380, 0387, 0395, dated August 19, 2008, of the countywide flood insurance rate map for Cook County prepared by the federal emergency management agency. The SFHAs of those parts of unincorporated Cook County that are within the extraterritorial jurisdiction of the village or that may be annexed into the village are generally identified as such on the following map number 17031C and panels 0386, 0389, dated August 19, 2008, of the countywide flood insurance study rate map for Cook County prepared by the federal emergency management agency.
Floodproofing: Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
Floodproofing Certificate: A form published by the federal emergency management agency that is used to certify that a building has been designed and constructed to be structurally dry floodproofed to the flood protection elevation.
Freeboard: An increment of elevation added to the base flood elevation to provide a factor of safety for uncertainties in calculations, unknown localized conditions, wave actions and unpredictable effects such as those caused by ice or debris jams.
Hydrologic And Hydraulic Calculations: Engineering analyses which determine expected flood flows and flood elevations based on land characteristics and rainfall events.
Letter Of Map Amendment (LOMA): Official determination by FEMA that a specific structure is not in a 100-year flood zone; amends the effective flood hazard boundary map or FIRM.
Letter Of Map Revision (LOMR): Letter that revises base flood or 100-year frequency flood elevations, flood insurance rate zones, flood boundaries or floodways as shown on an effective FHBM or FIRM.
Manufactured Home: A structure, transportable in one or more sections, which is built on a permanent chassis and is designated for use with or without a permanent foundation when connected to the required utilities. The term manufactured home also includes park trailers, travel trailers, and other similar vehicles placed on site for more than one hundred eighty (180) consecutive days.
Manufactured Home Park Or Subdivision: A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
Mitigation: Includes those measures necessary to minimize the negative effects which floodplain development activities might have on the public health, safety and welfare. Examples of mitigation include compensatory storage, soil erosion and sedimentation control, and channel restoration.
NGVD: National geodetic vertical datum of 1929. Reference surface set by the national geodetic survey deduced from a continental adjustment of all existing adjustments in 1929.
Natural: When used in reference to channels means those channels formed by the existing surface topography of the earth prior to changes made by man. A natural stream tends to follow a meandering path; its floodplain is not constrained by levees; the area near the bank has not been cleared, mowed or cultivated; the stream flows over soil and geologic materials typical of the area with no substantial alteration of the course of cross section of the stream caused by filling or excavating. A modified channel may regain some natural characteristics over time as the channel meanders and vegetation is reestablished. Similarly, a modified channel may be restored to more natural conditions by man through regrading and revegetation.
Ordinary High Water Mark (OHWM): The point on the bank or shore up to which the presence and action of surface water is so continuous so as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation or other easily recognized characteristics.
Public Flood Control Project: A flood control project which will be operated and maintained by a public agency to reduce flood damages to existing buildings and structures which includes a hydrologic and hydraulic study of the existing and proposed conditions of the watershed. Nothing in this definition shall preclude the design, engineering, construction or financing, in whole or in part, of a flood control project by persons or parties who are not public agencies.
Publicly Navigable Waters: All streams and lakes capable of being navigated by watercraft.
Registered Land Surveyor: A land surveyor registered in the state of Illinois, under the Illinois land surveyors act⁴.
Registered Professional Engineer: An engineer registered in the state of Illinois, under the Illinois professional engineering act⁵.
Regulatory Floodway: The channel, including on stream lakes, and that portion of the floodplain adjacent to a stream or watercourse as designated by DWR, which is needed to store and convey the anticipated future 100-year frequency flood discharge with no more than 0.1 foot increase in stage due to the loss of flood conveyance or storage, and no more than a ten percent (10%) increase in velocities. The regulatory floodways are designated for the Des Plaines River and the Golf Course Tributary on the following map number 17031C and panels 0380, 0387, 0395, dated August 19, 2008, of the countywide flood insurance rate map for Cook County prepared by FEMA. The regulatory floodways for those parts of unincorporated Cook County that are within the extraterritorial jurisdiction of the village that may be annexed into the village are designated on the following map number 17031C and panels 0386, 0389, dated August 19, 2008, of the countywide flood insurance rate map for Cook County prepared by FEMA. To locate the regulatory floodway boundary on any site, the floodway boundary should be scaled off the regulatory floodway map and located on a site plan, using reference marks common to both maps. Where interpretation is needed to determine the exact location of the regulatory floodway boundary, the DWR should be contacted for the interpretation.
Repair, Remodeling Or Maintenance: Development activities which do not result in any increases in the outside dimensions of a building or any changes to the dimensions of a structure.
Retention/Detention Facility: A retention facility stores stormwater runoff without a gravity release. A detention facility provides for storage of stormwater runoff and controlled release of this runoff during and after a flood or storm.
Riverine SFHA: Any SFHA subject to flooding from a river, creek, intermittent stream, ditch, on stream lake system or any other identified channel. This term does not include areas subject to flooding from lakes, ponding areas, areas of sheet flow, or other areas not subject to overbank flooding.
Runoff: The water derived from melting snow or rain falling on the land surface, flowing over the surface of the ground or collected in channels or conduits.
Sedimentation: The processes that deposit soils, debris, and other materials either on other ground surfaces or in bodies of water or watercourses.
Special Flood Hazard Area (SFHA): Any base flood area subject to flooding from a river, creek, intermittent stream, ditch, or any other identified channel or ponding and shown on a flood hazard boundary map or flood insurance rate map as zone A, AO, A1-30, AE, A99, AH, VO, V30, VE, V, M, or E.
Structure: The results of a manmade change to the land constructed on or below the ground, including the construction, reconstruction or placement of a building or any addition to a building; installing a manufactured home on a site; preparing a site for a manufactured home or installing a travel trailer on a site for more than one hundred eighty (180) days.
Substantial Improvement: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either: a) before the improvement or repair is started, or b) if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: a) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or b) any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
Transition Section: Reaches of the stream or floodway where water flows from a narrow cross section to a wide cross section or vice versa. (Ord. 95-31, 8-7-1995, § 3; Ord. 2000-22, 9-18-2000, § 1; Ord. 2008-18, 7-7-2008, § 2.)

The hearing officer shall be responsible for fulfilling all of the duties listed in section 10-8 of this chapter. To fulfill those duties, the hearing officer first should:

(a) Use the criteria listed in section 10-9 of this chapter, base flood elevations, to determine whether the development site is located within a floodplain. Once it has been determined that a site is located within a floodplain, the hearing officer must determine whether the development site is within a flood fringe, a regulatory floodway, or within an SFHA or floodplain on which no floodway has been identified. If the site is within a flood fringe, the hearing officer shall require that the minimum requirements of section 10-10 of this chapter are met. If the site is within a floodway, the hearing officer shall require that the minimum requirements of section 10-11 of this chapter be met. If the site is located within an SFHA or floodplain for which no detailed study has been completed and approved, the hearing officer shall require that the minimum requirements of section 10-12 of this chapter shall be met. In addition, the general requirements of section 10-13 of this chapter shall be met for all developments meeting the requirements of sections 10-10, 10-11 and/or 10-12 of this chapter.

(b) Assure that all subdivision proposals shall meet the requirements of section 10-14 of this chapter.

(c) If a variance is to be granted for a proposal, the hearing officer shall review the requirements of section 10-15 of this chapter to make sure they are met. In addition, the hearing officer shall complete all notification requirements.

(d) In order to assure that property owners obtain permits as required in this article, the hearing officer may take any and all actions as outlined in section 10-17 of this chapter. (Ord. 95-31, 8-7-1995, § 3.)

(a) The base flood or 100-year frequency flood elevation for the SFHAs of the Des Plaines River and the Golf Course Tributary shall be as delineated on the 100-year flood profiles in the countywide flood insurance study for Cook County prepared by FEMA and dated August 19, 2008, and such amendments or revisions to such study and maps as may be prepared from time to time.

(b) The base flood or 100-year frequency flood elevation for the SFHAs of those parts of unincorporated Cook County that are within the extraterritorial jurisdiction of the village or that may be annexed into the village shall be delineated on the 100-year flood profiles in the countywide flood insurance study for Cook County prepared by FEMA and dated August 19, 2008, and such amendments or revisions to such study and maps as may be prepared from time to time.

(c) The base flood or 100-year frequency flood elevation for such SFHA delineated as an AH zone or AO zone shall be that elevation (or depth) delineated on the countywide flood insurance rate map for Cook County prepared by FEMA effective August 19, 2008.

(d) The base flood or 100-year frequency flood elevation for the remaining SFHAs delineated as an A zone on the countywide flood insurance study for Cook County prepared by FEMA and dated August 19, 2008, shall be according to the best existing data available in the Illinois state water survey floodplain information repository. When no base flood or 100-year frequency flood elevation exists, the base flood or 100-year frequency flood elevation for a riverine SFHA shall be determined from a backwater model, such as HEC-11, WSP-2, or a dynamic model such as HIP. The flood flows used in the hydraulic models shall be obtained from a hydrologic model, such as HEC-1, TR-20, or HIP, or by techniques presented in various publications prepared by the United States geological survey for estimating peak flood discharges. Flood flows should be based on anticipated future land use conditions in the watershed as determined from adopted local and regional land use plans. Along any watercourses draining more than one square mile, the above analyses shall be submitted to DWR for approval, once approved it must be submitted to the Illinois state water survey floodplain information repository for filing. For a nonriverine SFHA, the base flood elevation shall be the historic flood of record plus three feet (3'), unless calculated by a detailed engineering study and approved by the Illinois state water survey. (Ord. 95-31, 8-7-1995, § 3; Ord. 2000-22, 9-18-2000, § 1; Ord. 2008-18, 7-7-2008, § 3.)

No person not exempted by state law shall commence any development in the SFHA without first obtaining a development permit from the hearing officer. (Ord. 95-31, 8-7-1995, § 3.)

No person not exempted by state law shall commence any development in a floodway without first obtaining a development permit from the hearing officer. (Ord. 95-31, 8-7-1995, § 3.)

(a) When a question is before the Board, no motion shall be entertained except:

(1) To adjourn;

(2) To fix the hour of adjournment;

(3) To lay on the table;

(4) For the previous question;

(5) To postpone indefinitely;

(6) To amend.

(b) Such motions shall have precedence in the order indicated.

The members of the board of trustees shall receive such compensation as may be provided by ordinance. (M.C. 1963, § 2.102)

(a) The Chief of Police shall designate those facilities which may serve as inspection stations to conduct the vehicle inspections required by this Article, which stations may be within or outside the Village of Deerfield. The Chief of Police shall establish procedures for conducting the inspections and minimum standards in order that a vehicle be approved. He shall supply inspection stations with certified inspection forms, numbered certified vehicle inspections tickets and such other supplies as may be required by this Chapter.

(b) A list of authorized inspection stations shall be kept by the Chief of Police and shall be given to each public passenger vehicle owner together with the notice that vehicles must be inspected. An owner may use the authorized inspection station of his choice.

(c) Inspection stations shall charge the inspection fee authorized by the Chief of Police for all public passenger vehicle inspections. There shall be no charge for a reinspection within the five (5) working days allowed for repairs to a vehicle that fails the inspection. The authorized inspection fee shall be charged for reinspection made after the five (5) work day grace period.

(d) The Chief of Police shall cause unannounced spot checks of authorized inspection stations to assure compliance with the inspection procedures, standards and fees, and shall investigate all complaints of misconduct by inspection stations or their employees. Noncompliance with the requirements of this Article or the regulations established by the Chief of Police shall be cause for suspension or revocation of the designation as an authorized inspection station.

(a) There is hereby established the position of Director of Finance, who shall be appointed by the Village Manager.

(b) The Director of Finance shall have knowledge or experience in budgeting and financial control.

(c) The Director of Finance shall have control and supervision over all employees assigned to the Department of Finance subject to the approval of the Village Manager. (M.C. 1963, § 6.102)

(a) The Budget Officer shall exercise the statutory powers and duties of his office provided in 65 Illinois Compiled Statutes 5/8-2-9.2, and pursuant to these duties, he shall:

(1) Permit and encourage and establish the use of efficient planning, budgeting, auditing, reporting, accounting and other fiscal management procedures in all Village departments, commissions and boards.

(2) Compile an annual budget in accordance with Section 2-84 of this Division.

(3) Examine all books and records of all Village departments, commissions and boards which relate to monies received by the Village, its departments, commissions and boards, and paid out by the Village, its departments, commissions and boards, debts and accounts receivable, amounts owed by or to the Village, its departments, commissions and boards.

(4) Obtain such additional information from the Village, its departments, commissions and boards as may be useful to the Budget Officer for purpose of compiling a municipal budget, such information to be furnished by the Village, its departments, commissions and boards in the form required by the Budget Officer. Any department, commission or board which refuses to make such information, as is requested of it available to the Budget Officer, shall not be permitted to make expenditures under any subsequent budget for the Village until such Village department, commission or board shall comply in full with the request of the Budget Officer.

(5) Establish and maintain such procedures as shall insure that no expenditures are made by the Village, its departments, commissions or boards except as authorized by the budget.

(6) Perform such other functions as may be required by the Village Manager or by the President and the Board.
(M.C. 1963, § 6.103A; Ord. No. 0-72-5.)

There is hereby established the position of director of community development who shall be appointed by the village manager. The director of community development shall have control and supervision over all employees assigned to the department of community development, subject to the approval of the village manager, and be responsible for all matters related to land use planning, zoning and building code enforcement. (Ord. 0-88-42, 7-18-1988)

There is hereby established the position of director of public works and engineering who shall be the head of the department. The director shall be appointed for an indefinite term by the village manager and shall have control and supervision over all employees assigned to the department subject to approval of the village manager. (Ord. 0-88-42, 7-18-1988)

The board of police commissioners shall have charge of all appointments to and dismissals from the police department and shall conduct and hold all entrance and promotional examinations in the manner required by law and perform such other duties as are provided by law. (M.C. 1963, § 8.302; amd. Ord. 0-67-57)

As used in this division, unless the context clearly indicates otherwise, the following words and terms have the meanings ascribed to them in this section:

Act: The Illinois emergency management agency act, codified as 20 Illinois Compiled Statutes 3305/1 et seq.

Coordinator: The village manager who shall have direct responsibility for the organization, administration, training and operation of the emergency management agency, subject to the direction and control of the village president.

Disaster: An occurrence or threat of widespread or severe damage, injury or loss of life or property resulting from any natural or technological cause, including, but not limited to, fire, flood, earthquake, wind, storm, hazardous materials spill or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, extended periods of severe and inclement weather, drought, infestation, critical shortages of essential fuels and energy, explosion, riot, or hostile military or paramilitary action, public health emergencies or acts of domestic terrorism.

Disaster Training Exercise: A planned event designed specifically to simulate an actual disaster that will provide emergency operations training for emergency response personnel. Actual response by OEM volunteers to local emergency situations not qualifying as disasters, as defined in this section, is considered a disaster training exercise. Provided, however, that performance of the usual and customary emergency functions of the village (e.g., police and emergency medical services) is not included within this definition.

Emergency Management: The efforts of the village to develop, plan, analyze, conduct, provide, implement and maintain programs for disaster mitigation, preparedness, response and recovery.

Emergency Management Agency (EMA) Or Office Of Emergency Management (OEM): The agency established by this division to coordinate the emergency management program within the village and with private organizations, other political subdivisions, the state and federal governments.

Emergency Operations Plan: The written plan of the village describing the organization, mission, and functions of the village government and supporting services for responding to and recovering from disasters.

Emergency Services: The coordination of functions between the state and the village, other than functions for which military forces are primarily responsible, as may be necessary or proper to prevent, minimize, repair, and alleviate injury and damage resulting from any disaster. These functions include, without limitation, firefighting services, police services, emergency aviation services, medical and health services, rescue, engineering, warning services, communications, radiological, chemical and other special weapons defense, evacuation of persons from stricken or threatened areas, emergency assigned functions of plant protection, temporary restoration of public utility services and other functions related to civilian protection, together with all other activities necessary or incidental to protecting life or property.

Exercise: A planned event realistically simulating a disaster, conducted for the purpose of evaluating the village's coordinated emergency management capabilities, including, but not limited to, testing the emergency operations plan.

IEMA: The Illinois emergency management agency.

Mayor: Shall mean and refer to the village president.

Mobile Support Team: A group of individuals designated as a team by the coordinator, or by the governor or the director of IEMA, to train prior to and to be dispatched, if the governor or the director so determines and authorizes, to aid and reinforce state, village or other political subdivision emergency management efforts in response to a disaster.

Public Health Emergency: An occurrence or imminent threat of an illness or health condition that:

(a) Is believed to be caused by any of the following:

(1) Bioterrorism;

(2) The appearance of a novel or previously controlled or eradicated infectious agent or biological toxin;

(3) A natural disaster;

(4) A chemical attack or accidental release; or

(5) A nuclear attack or accidental release; and

(b) Poses a high probability of any of the following harms:

(1) A large number of deaths in the affected population;

(2) A large number of serious or long term disabilities in the affected population;

(3) Widespread exposure to an infectious or toxic agent that poses a significant risk of substantial future harm to a large number of people in the affected population. (Ord. 0-07-20, 5-7-2007)

Four (4) members of the board of building appeals shall constitute a quorum. In recommending any change or amendment of any provision of the building code or in recommending a modification of an order of the building commissioner, affirmative votes of four (4) members shall be required. No member of the board of appeals shall pass upon any question in which he is interested. (Ord. 0-77-9, 2-7-1977)

It shall be the duty of the members of the Police Pension Board to manage, invest and control the Police Pension Fund and all monies pertaining thereto and to determine the eligibility of applicants and distribute funds, all in the manner provided by statute. (M.C. 1963, § 8.602)

(a) Upon the expiration of the terms of the members of the Plan Commission serving as of 1969 or upon their resignation or vacation of office or upon the creation of additional members, their immediate successors and the first appointees to offices created as of said date shall be appointed for staggered terms as follows:

one for one year
two (2) for two (2) years
two (2) for three (3) years
two (2) for four (4) years

Thereafter, the next succeeding appointees to the office of member of the Plan Commission shall serve for three (3) year terms.

(b) Vacancies shall be filled by the President for the unexpired term in the same manner as original appointments. (M.C. 1963, § 8.902; amd. Ord. 0-69-36)

(a) All meetings of the Board of Zoning Appeals. and all hearings shall be open to the public. Meetings shall be held at the call of the Chairman and at such other times as the board may determine. Meetings may be called at the request of three (3) members of the board. The board shall keep minutes of its proceedings showing the vote of each member upon every question decided by it, or if any member is absent or fails to vote, indicating such fact and also keep records of its hearings and other official action. Findings of fact made by the board and the reasons for its decision shall be included in the minutes with respect to each matter heard or considered by the board.

(b) The board shall adopt its own rules of procedure not in conflict with the provisions of this Division or the applicable State statutes, a copy of which and all amendments thereto shall be filed in the office of the Village Clerk.
(M.C. 1963, § 8.1002; Ord. No. 0-66-26.)

(a) The Electrical Commission shall:

(1) Recommend safe and practical standards and specifications for the installation, alteration and use of electrical equipment in the Village designed to meet the necessities and conditions in the Village;

(2) Recommend reasonable rules and regulations governing the issuance of permits, and fees to be paid.

(b) Such standards and specifications, rules and regulations, and fees shall not be effective until adopted by ordinance.
(M.C. 1963, § 8.1102; Ord. No. 0-64-4; Ord. No. 0-66-3.)

A. Definitions: For purposes of this section the following definitions shall apply:

BID LIMIT: Has the same meaning as in section 3.10.030 of this chapter.

CONTRACTOR: A person or entity who is or may be awarded a construction contract for a building improvement or a public works project.

COVERED EMPLOYEE: An individual who provides on average at least thirty (30) hours per week of services directly related to a design or construction contract for a contractor or subcontractor, including, but not limited to, an individual in a safety sensitive position such as a design position responsible for the safety of a building improvement or public works project.

DRUG AND ALCOHOL TESTING POLICY: A policy under which a contractor or subcontractor tests a covered individual to establish, maintain, or enforce a prohibition of:

1. The manufacture, distribution, dispensing, possession, or use of drugs or alcohol, except the medically prescribed possession and use of a drug, and

2. The impairment of judgment or physical abilities due to the use of drugs or alcohol.

HEALTH BENEFIT PLAN: means an insurance policy that provides healthcare coverage, including major medical expenses, or is offered as a substitute for hospital or medical expense insurance, such as a hospital confinement indemnity or limited benefit plan. A health benefit plan does not include an insurance policy that provides benefits solely for accidents, dental, income replacement, long term care, a medicare supplement, a specific disease, vision, or a short-term limited duration where it is offered and marketed as a supplement health insurance.

LOWEST RESPONSIVE RESPONSIBLE BIDDER: Has the same meaning as in section 3.10.030 of this chapter.

PUBLIC WORKS PROJECT:

1. The construction of:

a. A park, recreational, power or other City facility; or

b. A pipeline, culvert, dam, canal, or other system for water, sewage, stormwater, flood control, power or other City infrastructure.

2. Public works project does not mean:

a. The replacement or repair of existing infrastructure on private property; or

b. Supply contracts.

QUALIFIED HEALTH INSURANCE COVERAGE: Means, at the time a contract is entered into or renewed:

1. A health benefit plan (not including dental coverage) and employer contribution level with a combined actuarial value at least equivalent to the combined actuarial value of the benchmark plan determined by the children's health insurance program under section 26-40-106(2)(a), Utah Code Annotated, as amended or its successor, and a contribution level of at least fifty percent (50%) of the premiums for the employee and the dependents of the employee who reside or work in the State under which:

a. The employer pays at least fifty percent (50%) of the premium for the employee and the dependents of the employee; and

b. For purposes of calculating actuarial equivalency under this provision, rather than benchmark plan deductibles and the benchmark plan out of pocket maximum based on income levels:

(1) The annual deductible is maximum one thousand dollars ($1,000.00) per individual and three thousand dollars ($3,000.00) per family; and

(2) The annual out of pocket maximum is three thousand dollars ($3,000.00) per individual and nine thousand dollars ($9,000.00) per family; or

2. A federally qualified, high deductible health plan (not including dental coverage) that at a minimum has a deductible which is either:

a. The lowest deductible permitted for a federally qualified, high deductible plan; or

b. A deductible that is higher than the lowest deductible permitted for a federally qualified, high deductible plan, but includes an employer contribution to a health savings account in a dollar amount at least equal to the dollar amount difference between the lowest deductible permitted for a federally qualified, high deductible plan and the deductible for an employer offered federal qualified, high deductible plan; and

(1) Has an out of pocket maximum that does not exceed three (3) times the amount of the annual deductible; and

(2) The employer pays sixty percent (60%) of the premium for the employee and the dependents of the employee who work or reside in the State of Utah.

RANDOM TESTING: Periodic examination of a covered employee, selected on the basis of chance, for drugs and alcohol in accordance with a drug and alcohol testing policy.

SUBCONTRACTOR: Any person or entity who may be awarded a contract with contractor or another subcontractor to provide services or labor for the construction of a building improvement or public works project. "Subcontractor" includes a trade, contractor, or specialty contractor but does not include a supplier who provides only materials, equipment, or supplies to a contractor or subcontractor.

VETERAN: An individual who:

1. Has served on active duty in the Armed Forces of the United States for more than one hundred eighty (180) consecutive days, or

2. Was a member of a reserve component who served in a campaign or expedition for which a campaign medal has been authorized and who has been separated or retired under honorable conditions, or

3. Any individual incurring an actual service related injury or disability in the line of duty, whether or not the person completed one hundred eighty (180) consecutive days of active duty.

B. Cost Estimate Required: The Purchasing Agent, or designee, shall require any City department intending to undertake a building improvement or public works project to prepare:

1. Plans and specifications for the building improvement or public works project; and

2. An estimate of the cost of the building improvement or public works project.

C. Method Of Construction Contracting Management: The requirements of subsection B of this section do not preclude the use of any method of construction contracting management outlined in section 3.10.360 of this chapter. Any method of construction contracting management may be used so long as the requirements of subsection B of this section are reasonably complied with.

D. When Bid Limit Exceeded: If the cost estimate required under subsection B of this section exceeds the bid limit specified in section 3.10.030 of this chapter, the Purchasing Agent, or designee, shall require the building improvement or public works project to be procured according to the requirements of Utah Code section 11-39-103, as amended and this chapter.

E. Determine Lowest Responsive Responsible Bidder: The Procurement Agent shall determine the lowest responsive responsible bidder by applying, in addition to the criteria in section 3.10.200 of this chapter, a preference system to determine whether the contractor and every subcontractor, if any, has demonstrated to the City's satisfaction that they have and will maintain:

1. An offer of qualified health insurance available to a contractor's and subcontractor's covered employees and the employees' dependents;

2. A drug and alcohol testing policy during the period of the contract that applies to all covered employees employed or hired by the contractor or any subcontractor and require covered employees to submit to random testing under the drug and alcohol testing policy;

3. A program to actively recruit and/or employ veterans;

4. A job training program, such as, by way of example and not limitation, a Federal, State, and/or City recognized job training program;

5. A safety program; and

6. A formal policy of nondiscrimination as required by Federal, State, and local law.

F. Applying Preference System: The City's Procurement Official shall apply the preference system under subsection E of this section by making an award to the responsive and responsible bidder that qualifies for the most preferences, if the qualifying bidder's bid is equal to or less than one hundred four percent (104%) of the lowest responsive and responsible bid or within fifty thousand dollars ($50,000.00), whichever value is less. If multiple vendors qualify for the same number of preferences, the award shall be made to the lowest responsive and responsible bid among them. (Ord. 19-45 § 2: Ord. 17-14)

Any resident of the village who qualifies for a senior citizen or handicapped citizen transportation pass for use by participating taxi services, as determined by the regional transportation authority, may:

(a) Receive taxi coupons from the village in the face amount of five dollars ($5.00) for use in taxicab travel with participating taxi services within and beyond the corporate limits of the village.

(b) The rate of fare for taxicab trips by qualifying passengers within the village shall be one coupon plus a surcharge of one dollar ($1.00). In the event the destination is beyond the village corporate limits, a single coupon per passenger may be applied against the meter rate and the passenger shall pay the remaining balance.

(c) In the event of a shared ride with one or two (2) qualifying passengers, each passenger shall pay one coupon and a one dollar ($1.00) surcharge shall be divided equally ($0.50) between the two (2) passengers. In the case of a shared ride with three (3) qualifying passengers, each passenger shall pay one coupon and a seventy five cent ($0.75) surcharge shall be divided equally between the three (3) passengers ($0.25 per passenger). In the event the destination is beyond the village corporate limits, a single coupon per passenger may be applied against the meter rate and the passengers shall pay the remaining balance. (Ord. 0-08-32, 8-18-2008)

Every holder of a taxicab company license or livery vehicle license shall have and keep in service at all times, while his license is in effect, regular telephone service within the municipality, by means of which a person desiring to rent a public passenger vehicle may call the licensee by calling the licensee's telephone exchange number. The licensee shall cause the telephone number to be listed in the local telephone directory which is published in and for the municipality by the telephone company which furnishes local telephone service in the municipality. (Ord. 0-91-55, 12-16-1991)

No person owning, controlling or operating any public passenger vehicle for hire within the Village, shall employ or permit any person other than a chauffeur licensed under provisions of this Chapter to operate such vehicle upon the public ways in the corporate limits of the Village. Failure to comply with the requirements of this Section shall be grounds for the suspension and/or revocation of all license privileges granted to the public passenger vehicle owner pursuant to this Chapter. (Ord. 0-91-55, 12-16-91)

Application for a public passenger vehicle license shall be made upon a form provided by the Village. Said application shall be filed with the Village Manager and shall contain the following:

(a) The owner's full name, residence address, residence phone number, business address, business phone number, for each individual applicant, partner, general partner of a limited partnership and principal officers of a corporation.

(b) A complete description of the vehicle including the make, model, year, seating capacity, vehicle identification number, manufacturer's identification number, State license number, vehicle engine horsepower; and color, color scheme, and/or insignia of the vehicle in accordance with the requirements of Section 18-16 of this Chapter.

A written application, verified under oath, for a taxicab company certificate of public convenience and necessity shall be filed with the Village Manager. An application for a taxicab company certificate of public convenience and necessity shall include the following:

(a) The citizenship of the applicant; if a natural person, the place of the applicant's birth, or if a naturalized citizen, the time and place of naturalization.

(b) In the case of a corporation for profit, or a club; the date of incorporation, the objects for which it was organized, names and residence addresses of shareholders, and the percentage of ownership of each.

(d) Applicant's previous employment history.

(e) Applicant's experience in the transportation of passengers for hire.

(f) Applicant's current financial status, including any unpaid judgments and pertinent information relative to any such judgments.

(g) Applicant's outstanding obligations, fees or fines with the Village of Deerfield.

(h) Any previous convictions of felony and/or traffic violations.

(i) The number of vehicles to be operated or controlled by the applicant and the location of proposed depots and terminals.

(j) The color scheme or insignia to be used to designate the vehicle or vehicles of the applicant pursuant to the requirements of Section 18-19 of this Chapter.

(k) Such other information may be required by the Village Manager. (Ord. 0-91-55, 12-16-91)

A. When Required; Amounts: When a construction agreement is awarded, the following bonds or security shall be delivered to the City and shall become binding on the parties upon the execution of the agreement:

1. A performance bond satisfactory to the City, executed by a surety company authorized to do business in the State of Utah or otherwise secured in a manner satisfactory to the City, in an amount equal to one hundred percent (100%) of the price specified in the agreement; and

2. A payment bond satisfactory to the City, executed by a surety company authorized to do business in the State or otherwise secured in manner satisfactory to the City, for the protection of all persons supplying labor and material to the contractor or its subcontractor for the performance of the work provided for in the agreement. The bond shall be in an amount equal to one hundred percent (100%) of the price specified in the agreement.

B. Authority To Require Additional Bonds: Nothing in this section shall be construed to limit the authority of the City to require a performance bond or other security in addition to those bonds, or in circumstances other than specified in subsection A of this section.

C. Suits On Payment Bonds; Right To Institute: Unless otherwise authorized by law, any person who has furnished labor or material to the contractor or subcontractor for the work provided in the agreement, for which a payment bond is furnished under this section, and who has not been paid in full within ninety (90) days from the date on which that person performed the last of the labor or supplied the material, shall have the right to sue on the payment bond for any amount unpaid at the time the suit is instituted and to prosecute the action for the amount due that person. However, any person having an agreement with a subcontractor of the contractor, but no express or implied agreement with the contractor furnishing the payment bond, shall have the right of action upon payment bond upon giving written notice to the contractor within ninety (90) days from the date on which that person performed the last of the labor or supplied the material. That person shall state in the notice the amount claimed and the name of the party to whom the material was supplied or for whom the labor was performed. The notice shall be served personally or by registered or certified mail, postage prepaid, in an envelope addressed to the contractor at any place the contractor maintains an office or conducts business.

D. Suits On Payment Bonds; Where And When Brought: Unless otherwise authorized by law, every suit instituted upon a payment bond shall be brought in a court of competent jurisdiction for the county or district in which the construction agreement was to be performed. (Ord. 17-14)

Sections 8-26 through 8-43 of this division shall be applicable to all food stores, food service establishments, premises having food vending machines, food delivery vehicles, and owners or operators thereof. (1986 Code)

Whenever the health authority makes an inspection of a food service establishment or food store, he shall record his findings on an inspection report form provided for this purpose, and shall furnish the original of such inspection report form to the permit holder or operator. Such form shall summarize the requirements of this article and shall set forth demerit point values for each such requirement, in accordance with the Illinois department of public health form FCC01. Upon completion of an inspection, the health authority shall total the demerit point values for all requirements in violation, such total becoming the demerit score for the establishment. (1986 Code)

In order to hold and retain an operator's permit, the operator shall maintain within the jurisdiction of the health authority a list of all vending machines operated by him and their locations and of all commissaries or other establishments from which his machines are serviced. This information shall be available to the health authority upon request. (1986 Code)

As suits the current best interest of the village, and to better enable the village to regulate and control the services provided to the users of solid waste services, the board may provide for one exclusive solid waste hauler providing the collection and disposal of solid waste for residential, multi-family, institutional, commercial, and industrial users. The village may provide for such exceptions to the exclusive franchise as it determines to be in the users' and the village's mutual best interests.

(1) It shall be unlawful for any person to engage in the business of collection and disposal of solid waste within the village of Northfield without first obtaining a license therefor. This section shall not apply to persons collecting grass clippings and other lawn debris in connection with lawn care or landscaping service. (Ord. 95-841, 4-24-1995)

(2) Application for issuance of such license shall be made in accordance with the general licensing provisions of the pertinent ordinances of the village of Northfield. The annual license fee shall be as prescribed in appendix D of this code, payable at the beginning of each year. The license shall expire on December 31 following its issuance.

(3) No license shall be issued to a refuse collection firm which has an owner, officer, director or five percent (5%) shareholder who has been convicted of a felony or is not of good character and reputation in the community in which he resides. The names and addresses of all employees shall be kept on file with the village of Northfield. Application for a license shall be deemed to give consent to the village of Northfield to conduct a background check on such owner, officer, director, or five percent (5%) shareholder.

(4) Any employee who has previously been or during the term of the exclusive contract found guilty of any felony, drunk or "on drugs" driving, or crime of moral turpitude shall not perform any work within the village of Northfield. (Ord. 91-662, 1-28-1991)

(5) The contractor must submit, as requested by the village, complete financial statements and references as to financial responsibility, together with complete verified list of its officers, stockholders and/or partners, debt holders, if any, and if a subsidiary, the name of the parent company and promptly advise the village, in a form satisfactory to the village in writing, of any changes. Any officer, director or five percent (5%) shareholder may also be required to submit such personal financial information as required by the village. (Ord. 95-841, 4-24-1995)

(6) The contractor must have adequate and sufficient equipment, personnel and financial responsibility to render service to any customer requesting it in accordance with the provisions of this article.

(7) The contractor must provide all of the services identified in the exclusive solid waste contract with the village of Northfield.

(8) The contractor must perform all of the services identified in the exclusive solid waste contract with the village of Northfield at the established rates as defined herein.

(9) The contractor must maintain an open and staffed telephone service Monday through Friday during the hours of eight o'clock (8:00) A.M. to five o'clock (5:00) P.M. to respond to inquiries, requests and complaints as to services rendered pursuant to the exclusive solid waste contract. (Ord. 91-662, 1-28-1991)

(10) The contractor shall agree to indemnify, save and keep harmless the village from any and all loss, cost, damage, expense or liability of any kind whatsoever, which the village may suffer or which may be recovered against the village from or on account of the issuance of the license or from or on account of any activity advocated or permitted by the license in the village of Northfield. The contractor shall furnish the village a certificate of insurance for the insurance amounts as indicated in the current contract, but at not less than:

(a) Workers' compensation and occupational diseases insurance: Statutory amount for Illinois and employers' liability insurance of one million dollars ($1,000,000.00) per accident.

(b) General Liability Insurance:

1. Bodily injury with limits of not less than one million dollars ($1,000,000.00) each occurrence/two million dollars ($2,000,000.00) aggregate;

2. Property damage, with limits of not less than one million dollars ($1,000,000.00) each occurrence/two million dollars ($2,000,000.00) aggregate;

3. Contractual insurance - broad form, with limits of not less than one million dollars ($1,000,000.00) occurrence/two million dollars ($2,000,000.00) aggregate.

(c) Automotive liability insurance:

1. Bodily injury, with limits of not less than one million dollars ($1,000,000.00) each occurrence/two million dollars ($2,000,000.00) aggregate;

2. Property damage with limits of not less than one million dollars ($1,000,000.00) each occurrence/two million dollars ($2,000,000.00) aggregate. (Ord. 95-841, 4-24-1995)

(11) The contractor shall ensure that all garbage, rubbish and landscape waste is removed from the village at the close of each day of collection and shall be disposed of at lawfully operated sanitary landfill sites and composting facilities located outside of the village or at an approved transfer site. All recyclable materials collected shall be removed from the village at the close of each day of collection and transported to a suitable processing center or market.

(12) The contractor shall not store equipment and material, including solid waste, within the village of Northfield.

(13) In the event the duly licensed solid waste collection firm violates any provisions of this article, the village shall have the right, in addition to enforcing against such firm the penalties provided in section 1-13 of this code, to immediately revoke the license of such solid waste collection firm and terminate the exclusive solid waste contract.

(14) No license shall be issued to any applicant who is unable to comply with foregoing subsections (3) through (12), inclusive, of this section. (Ord. 91-662, 1-28-1991)

Every customer, occupant, owner or user of any premises in the village shall place their solid waste containers as follows:

(1) Residential.

(a) Roadside.

1. Roads with curbs - containers shall be placed behind the curb.

2. Roads without conventional curbs - containers shall be placed within a reasonable distance of the edge of the road. (Ord. 91-662, 1-28-1991)

3. All garbage, rubbish, and landscape waste containers shall be securely closed and placed for collection, along with the recyclable materials, at roadside not earlier than five o'clock (5:00) P.M. of the day preceding the day scheduled for collection from such residence. The containers shall be removed from the roadside by eight o'clock (8:00) A.M. the day following collection. (Ord. 91-662, 1-28-1991; amd. Ord. 03-1178, 10-9-2003)

4. Such containers shall not be placed within an alley, street, or walkway of the village, but shall be entirely inside the lot line of such premises.

(b) Backdoor. All solid waste containers shall be placed outside of any building, garage or porch, at ground level, unless a sunken type of garbage can is used.

(2) Multi-Family, Institutional, Commercial, And Industrial. Approved rodentproof containers shall be placed in the rear yard of said property. All solid waste containers shall be placed in an enclosed area. (Ord. 91-662, 1-28-1991)

The contractor shall bill all single-family residences (attached and detached) directly for all services including basic service of once a week pick up at the curb of garbage, rubbish and recycling and any additional elective services selected. (Ord. 09-1400, 1-20-2009)

The contractor shall directly bill all multi-family, institutional, commercial and industrial premises. (Ord. 91-662, 1-28-1991)

The health officer may, in his discretion, make rules and regulations to ensure the elimination or control of such air pollutants of natural origin. Such rules and regulations shall become effective when approved by the corporate authorities. (1986 Code)

All violations of this and the preceding division are hereby declared to be public nuisances and may be abated pursuant to chapter 14 of this Code, and the violator fined in accordance with appendix D, article III of this Code. In addition, all such persons found to be violating the provisions of this article shall be subject to prosecution in the name of the Village. (Ord. 97-915, 10-27-1997)

"Mosquito breeding water" is defined as a collection of water in which mosquitoes breed or are likely to breed, which shall include collections of water contained in ditches, ponds, pools, excavations, holes, depressions, open cesspools, privy vaults, fountains, cisterns, tanks, shallow wells, barrels, troughs, urns, cans, boxes, bottles, tubs, buckets, defective house roof gutters, tanks of flush closets or other similar water containers. (1986 Code)

Any person making an application for a permit required by the provisions of this article shall pay to the City Clerk an application/investigation fee in the amount of fifty dollars ($50.00). The fee shall be for the purposes of defraying the costs of processing the application and conducting an investigation required by this article. No such fees shall be refundable. (Ord. 720, 4-5-2016)

A. Supervisor Of Licenses To Make Investigations: Upon receipt of an application, the Supervisor of Licenses, or his designee, shall make, or cause to be made, any investigation the Supervisor shall deem necessary in order to ensure that the terms and provisions of this Chapter are met.

B. Conditions Of Approval: The Supervisor of Licenses, or his designee, shall approve an application if the Supervisor is satisfied that the solicitation is not promoted or conducted primarily for the private profit of its promoters; that the applicant is in good standing as a charitable organization with the Oklahoma Tax Commission; and that the solicitation will not be incompatible with the protection of health, life, and property of the citizens. (Ord. 438, 4-6-1999)

An annual fee of fifty dollars ($50.00) shall be paid and will permit only the vendors who have submitted a vendor application to participate in the farmer's market. The permit is good for one (1) year, beginning July 1 and expiring June 30 of each year. (Ord. 720, 4-5-2016)

Farmer's market shall conduct business only between the hours of eight o'clock (8:00) A.M. to six o'clock (6:00) P.M. each Wednesday and Saturday during the growing season, unless operating during a local community organization special event per section 9-659 of this division. (Ord. 720, 4-5-2016)

The city sewer superintendent, the district superintendent and other duly authorized employees of the city or district bearing proper credentials and identification shall be permitted to enter all private properties through which the city or district 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 wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. 12-08-09.35, 12-8-2009)

Section 9-4B-53 of this article shall control substances and wastes which may be discharged into the city sewer system and no person shall discharge into the city sewer system any prohibited substances or wastes. (Ord. 12-08-09.35, 12-8-2009)

All cost and expense incidental to the installation and connection of the building sewer shall be borne by the owners. The owners shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (Ord. 12-08-09.35, 12-8-2009)

The city hereby appoints and empowers the district superintendent, his agent, deputy or representative, as inspectors having authority to enter in and inspect all properties, buildings and facilities discharging sewage into the city sewer system for treatment by the district at the district facility. (Ord. 12-08-09.35, 12-8-2009)

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater. (Ord. 12-08-09.35, 12-8-2009)

A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the city sewer superintendent. The city sewer superintendent shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the city sewer superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within twenty four (24) hours of the receipt of notice by the city sewer superintendent. (Ord. 12-08-09.35, 12-8-2009)

A. Industrial users shall provide necessary wastewater treatment as required to comply with this article, federal pretreatment standards and permit conditions, and shall achieve compliance with all national categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations.

B. Any facilities required to pretreat wastewater shall be provided, operated and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the district for review and shall be approved by the district before construction of the facility. The review and approval of plans and operating procedures does not relieve the industrial user from complying with the provisions of this article and permit conditions. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and approved by the district prior to the industrial user's initiation of the changes. (Ord. 12-08-09.35, 12-8-2009)

The city shall determine the average monthly sewer use for each connection based on metered culinary water use. The city or the district shall determine each sewage strength of BOD and TSS for those users who discharge sewage of greater strength than residential strength. (Ord. 12-08-09.35, 12-8-2009)

Any person violating any of the provisions of this article shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation, including court costs and attorney fees. (Ord. 12-08-09.35, 12-8-2009)

The district may revoke any wastewater contribution permit if the district finds:

A. A user has falsified information or records submitted or retained in accordance with this article or in connection with any permit issued pursuant to this article.

B. A user has violated the conditions of a wastewater contribution permit.

C. A user has refused right of entry guaranteed by section 9-4B-63 of this article.

D. A user has failed to reapply for a permit or request a required permit modification.

E. A user has discharged into the district in violation of this article.

F. Changed circumstances require a temporary or permanent reduction or elimination of the permitted discharge.

G. A user has failed to retain or submit required information or records in accordance with this article or in connection with any permit issued pursuant to this article. (Ord. 12-08-09.35, 12-8-2009)

Effluent limitations shall be based upon the more stringent of the following:

A. National categorical pretreatment standards;

B. State pretreatment requirements; or

C. Local limitations calculated by mass balance or other valid scientific method necessary to protect the POTW from materials described in section 9-4B-53 of this article. (Ord. 12-08-09.35, 12-8-2009)

"Deloused" means the process by which a person and his personal apparel are treated so that neither the adults nor the eggs of the Pediculus corporis, pediculusputis, or Pediculus capitis survive. (Prior code § 34601)

For the purpose of this article:

APPLICANT: The person making application for a permit for a sewer or plumbing installation and shall be the owner of premises to be served by the sewer for which a permit is requested or his authorized agent.

BUILDING: Any structure used for human habitation or a place of business, recreation or for other purposes containing sanitary facilities.

BUILDING SEWER: That portion of any sewer beginning at the plumbing or drainage outlet of any building or industrial facility and running to the property line or to a private sewage disposal system.

CITY: The city of Kimberly, Idaho.

CLERK: The city clerk of the city.

CONTRACTOR: A person, firm, corporation, partnership or association duly licensed by the state to perform the type of work to be done under permit.

COUNCIL: The city council of the city.

COUNTY: The county of Twin Falls, Idaho.

ENGINEER: The engineer appointed by and acting for the council. The "engineer" shall be a registered civil engineer.

GARBAGE: Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.

LATERAL SEWER: The portion of a sewer lying within a public street connecting a building sewer to the main sewer.

MAIN SEWER: A public sewer designed to accommodate more than one lateral sewer.

OUTSIDE SEWER: A sanitary sewer beyond the limits of the city not subject to the control or jurisdiction of the city.

PERMIT: Any written authorization required pursuant to this or any other regulation of the city for the installation of any sewage works.

PERSON: Any person, firm, company, partnership, association and private or public corporations, the United States of America, governmental agencies and mandataries thereof.

PLUMBING SYSTEM: All plumbing fixtures and traps or soil, waste, special waste and vent pipes, and all sanitary sewer pipes within a building and extending to the building sewer connection three feet (3') outside the building wall.

PRIVATE SEWER: An independent sewage disposal system not connected with a public sewer and which accommodates one or more buildings or industries.

PUBLIC SEWER: A sewer lying within a street and which is controlled by or under the jurisdiction of the city.

SANITARY SEWER: A sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.

SEWAGE: A combination of water carried wastes from residences, business buildings, institutions and industrial establishments.

SEWAGE TREATMENT PLANT: Any arrangement of devices and structures used for treating sewage.

SEWAGE WORKS: All facilities for collecting, pumping, treating and disposing of sewage.

SEWER: A pipe or conduit for carrying sewage.

SEWER SUPERINTENDENT: The person in charge of the sewer system, appointed by the council.

SIDE SEWER: The sewer line beginning at the foundation wall of any building and terminating at the main sewer and includes the building sewer and lateral sewer together.

STORM SEWER OR STORM DRAIN: A sewer which carries storm and surface or ground waters and drainage, but excludes sewage and polluted wastes.

STREET: Any public highway, road, street, avenue, alley, way, public place, public easement or right of way. (Ord. 309 Art. 1, §§ 3-29, 1975)

Prior to approval of any development project for which an environmental impact report (EIR) will be prepared pursuant to the requirements of the California environmental quality act (CEQA) or based on a local determination, regional and municipal fixed route transit operators providing service to the project shall be identified and consulted. Projects for which a notice of preparation (NOP) for a draft EIR has been circulated pursuant to the provisions of CEQA prior to the effective date of this chapter shall be exempt from its provisions. The "transit impact review worksheet", contained in the "Los Angeles County Congestion Management Program Manual", or similar worksheets, shall be used in assessing impacts. Pursuant to the provisions of CEQA, transit operators shall be sent an NOP for all contemplated EIRs and shall as part of the NOP process, be given an opportunity to comments on the impacts of the project, to identify recommended transit services or capital improvements which may be required as a result of the project, and to recommend mitigation measures which minimize automobile trips on the CMP network. Impacts and recommended mitigation measures identified by the transit operator shall be evaluated in the draft environmental impact report prepared for the project related mitigation measures adopted shall be monitored through the mitigation monitoring requirements of CEQA.

Phased development projects, development projects subject to a development agreement, or development projects requiring subsequent approvals, need not repeat this process as long as no significant changes are made to the project. It shall remain the discretion of the lead agency to determine when a project is substantially the same and therefore covered by a previously certified EIR. (1960 Code)

If any provision of this part is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect remaining provisions of this part which are declared to be severable. (Ord. 13-979)

This article shall apply to the POTW and the persons outside the POTW who are users of the POTW. (Ord. 2005-10, 3-15-2005)

A. Enclosed Uses: All uses in the C-2 zone shall be conducted wholly within an enclosed building, except for those permitted and accessory uses which the planning commission finds are customarily conducted other than in enclosed buildings. Exception: Bona fide sidewalk cafes shall be permitted based upon criteria set forth in the downtown specific plan.

B. Special Development Standards: When any lot in the C-2 zone fronts on a street, the opposite side of which is zoned for R purposes, or abuts any R zoned property, all of the following standards shall be observed in the construction and maintenance of buildings, structures and uses to be located thereon:

1. Lighting: All outdoor lighting shall be constructed, operated and maintained so as to eliminate any interference with, or nuisance to such adjacent R zoned properties; and

2. Vacant Land: All vacant land on the lot or parcel of land and the parkway area of land used in conjunction with permitted uses on such properties, shall be surfaced, landscaped or otherwise maintained in a clean, dust free and orderly manner. For the purpose of this provision, surfacing of concrete, asphalt, clean sand or gravel, placed on soil treated for weed control or appropriate landscaping shall be deemed to comply with the provision.

3. Loading Docks, Storage, Etc.: Loading docks, loading areas, surface areas, outdoor storage or sales area, when permitted, and all trash, rubbish, or garbage receptacles or containers, which are located in a direct line of vision from any portion of adjacent R zoned properties, shall be enclosed or screened or be separated from such R zoned properties by a view obscuring fence or wall, not less than six feet (6') in height, measured from the finished grade of the C-2 lot. No outdoor storage shall be permitted to extend above the height of such fence or wall.

5. Mechanical Devices: All mechanical heating, air conditioning, refrigeration or similar devices, maintained and operated on the exterior of buildings located in the C-2 zone, shall be enclosed, and shall be designed, installed, operated and maintained in such a manner as to eliminate unsightliness, noise, smoke, dust, etc., which would otherwise cause an interference with adjacent R zoned properties.

6. Change In Grade: Where it is contemplated to change the grade or elevation of such C-2 zoned properties, in excess of three feet (3') vertically, those portions of the property abutting R zoned properties, a grading plan therefor shall be submitted to the city engineer, in order to obtain a grading permit, and shall show fencing, landscaping, barricades, retaining walls, and other protective devices, designed to protect abutting R zoned properties.

7. Commercial Or Manufacturing Unit: No commercial or manufacturing unit shall contain less than seven hundred fifty (750) square feet of floor area. (1960 Code; amd. Ord. 88-631; Ord. 02-870)

The standards of development shall be the same as those standards in the C-1 zone as specified in section 9-1N-3 of this article. (1960 Code; amd. Ord. 83-543)

All premises in the R-3 Zone shall comply with the standards prescribed herein:

A. Lots:

1. Area: The minimum required area of each lot hereinafter created in the R-3 Zone shall be ten thousand (10,000) square feet.

2. Width: The minimum lot width of R-3 Zoned lots shall be fifty feet (50'); provided that no new lot shall be created after the effective date of this regulation having less than the following number of minimum widths:

a. Interior lots shall have a width of not less than eighty feet (80').

b. Corner lots shall have a width of not less than one hundred feet (100').

3. Permissible Lot Coverage: Buildings, including accessory buildings and structures, may not cover more than fifty percent (50%) of the area of any lot. Furthermore, at least forty percent (40%) of the lot area must be permeable; these areas must be maintained with landscaping, appropriate ground cover, permeable pavers or other acceptable pervious materials, but may not be covered with structures, concrete or asphalt.

B. Buildings:

1. Length: No building or structure shall exceed a length of one hundred fifty feet (150').

2. Height Limits:

a. R-3 Zoned lots except those adjoining R-1 Zoned lots: Buildings shall not exceed a maximum height of three (3) stories or forty feet (40'), whichever is less.

b. R-3 Zoned lots adjoining R-1 Zoned lots: Buildings shall not exceed a maximum height of two (2) stories or thirty feet (30'), whichever is less.

3. Lot Area Per Dwelling Unit:

a. R-3 Zoned lots except those adjoining R-1 Zoned lots: Lot area per dwelling unit shall not exceed two thousand one hundred seventy eight (2,178) square feet nor be less than one thousand four hundred fifty two (1,452) square feet.

b. R-3 Zoned lots adjoining R-1 Zoned lots: Minimum lot area per dwelling unit shall be two thousand four hundred (2,400) square feet.

4. Minimum Gross Floor Area For Dwelling Units:

a. Bachelor units shall contain not less than six hundred (600) square feet.

b. One bedroom units shall contain not less than seven hundred fifty (750) square feet.

c. Two (2) bedroom or one bedroom and den units shall contain not less than nine hundred (900) square feet.

d. Three (3) bedroom or two (2) bedroom and den units shall contain not less than one thousand one hundred (1,100) square feet.

e. Each additional bedroom over three (3) shall require that one hundred fifty (150) additional square feet of floor area be added to the dwelling unit.

5. Stairways: No exterior stairway shall be placed in front of, and within ten feet (10'), of any door or window.

6. Elevators: All buildings containing dwelling units above the third floor shall be served with elevators in addition to the stairways otherwise required by law. For purposes of this section the number of floors in a building shall be counted from the lowermost floor to the uppermost floor and shall include subterranean off street parking areas.

7. Off Street Parking Standard: Each lot in the R-3 Zone shall have, on the same lot or parcel of land, parking spaces as provided in section 9-1J-2 of this chapter, as amended. At least two (2) parking spaces shall be provided per dwelling unit and shall be located in a garage, and one additional space, which shall be open and unenclosed, shall be provided for each two (2) units or any fraction thereof. Such parking facilities shall be conveniently accessible and located only on such portions of the lot or parcel of land upon which structures may be erected. The off street parking spaces which are required to be located in a garage shall be located upon the lot so that the vehicular access thereto is not directly visible from a public street.

8. Off Street Parking Reduction: For R-3 zoned lots that do not adjoin R-1 zoned lots the off street parking standard may be reduced subject to approval by the director of a study adequately demonstrating reduced parking demand resulting from transit accessibility or other factors.

9. Subterranean And Semisubterranean Parking: Subterranean and semisubterranean parking shall be allowed only on R-3 zoned lots not adjoining R-1 zoned lots and shall not be considered as a story of the building. For purposes of this section, "subterranean and semisubterranean parking" shall mean any construction project which entails excavation, grading and/or mounding of earth so as to change the existing grade of the lot by more than eighteen inches (18") for the specific purpose of providing off street parking beneath living area.

C. Yards And Courts: Except as provided in this part no building or structure shall occupy any part of any required yard.

1. Front Yards: Each lot in the R-3 zone shall maintain a front yard of not less than twenty feet (20') in depth.

a. Front Yard Determination: In any of the following situations at the time of any new construction or development or at the request of any property owner seeking clarification the front yard and front yard setback shall be determined by the community development director. Any decision of the director may be appealed to the planning commission and any decision of the planning commission may be appealed to the city council in accordance with the procedures established by sections 9-1F-24 through 9-1F-29 of this chapter:

(1) Any lot which abuts two (2) separate streets, such as a corner lot or a double frontage lot.

(2) Any lot which is noncontiguous to any public street but has access thereto by private easement.

(3) Any lot which has less than thirty five feet (35') of frontage on a public street.

b. Off Street Parking Or Garages: No off street parking spaces or garages shall be located within the required front or side yard areas or in front of the main building, unless completely subterranean.

2. Side Yards: In the R-3 zone every lot shall have and maintain side yards as follows:

a. Interior lots shall have a side yard on each side of the lot of not less than the following:

Single-story structures	5 feet
Two-story structures	10 feet for the first story. An average second story side yard setback of 15 feet shall be provided; however, at no time and no point shall the second story setback on any side be less than 10 feet or less than the first floor setback.

b. Corner lots and reversed corner lots shall have and maintain the following side yards:

(1) On the side lot line which adjoins another lot, the side yard requirement shall be as follows:

Single-story structures	5 feet
Two-story structures	10 feet for the first story. An average second story side yard setback of 15 feet shall be provided; however, at no time and no point shall the second story setback on any side be less than 10 feet or less than the first floor setback.

(2) On the side street side, the width of the required side yard shall be as follows:

Single-story structures	10 feet
Two-story structures	10 feet for the first story. An average second story side yard setback of 15 feet shall be provided; however, at no time and no point shall the second story setback on any side be less than 10 feet or less than the first floor setback.

3. Rear Yards: Every lot in the R-3 zone shall have a rear yard as follows:

a. Interior And Corner Lots: Interior lots and corner lots shall have a rear yard of not less than fifteen feet (15'), except where such lots rear upon an alley, the rear yard shall be not less than five feet (5').

b. Reverse Corner Lots: Reverse corner lots shall have a rear yard of not less than fifteen feet (15').

c. Accessory Buildings And Uses:

(1) Accessory buildings and uses shall be permitted in rear yard areas.

(2) Exceptions:

(A) Where the rear of a lot abuts an alley, no building or structure, excepting a fence, shall be located in the rear five feet (5') of such lot.

(B) Where accessory buildings are permitted and located in a rear yard area, a passageway not less than five feet (5') in width, with twelve feet (12') of overhead clearance shall be maintained.

(C) On reversed corner lots, no building or structure, except permitted fences, shall be located in that portion of a required rear yard directly to the rear of the required side yard area abutting the street.

4. Courts: All courts required hereunder, shall be open and unobstructed from the ground to the sky, except as herein provided:

a. Each court upon which dwelling units face, which have door or window access on only one side thereof, shall be not less than fifteen feet (15') in width from the front building line to the rearmost of any such doors or windows.

D. Open Space: Each lot in the R-3 zone shall be maintained with usable, landscaped open space and developed open space areas, provided that the requirements of this subsection shall apply only to R-3 lots upon which new residential structure(s) are erected after the effective date of these regulations.

1. Required Usable Landscaped Open Space: There shall be a minimum of five hundred (500) square feet of landscaped open space per dwelling unit.

2. Access: All dwelling units for which open space is required shall have and maintain suitable access thereto.

3. Development Details For Open Space:

a. A maximum of fifty percent (50%) of the required landscaped open space may be covered by a cabana or patio cover.

b. A maximum of fifty percent (50%) of the required landscaped open space may be provided in the form of common recreational areas.

c. All open areas except driveways, parking areas, walkways, swimming pools, utility areas, improved decks, patios, porches or play areas, between the front lot line and the rear line of the main building, or buildings if there is more than one, shall be maintained with appropriate landscaping.

d. Whenever a driveway is located within a required side yard, and when dwelling units face said yard, a landscaped area at least five feet (5') wide shall be maintained between such a driveway and any dwelling on the same lot. Walkways may encroach not more than thirty inches (30") into this landscaped area.

E. Storage, Trash And Utility Areas:

1. Accessory Storage Space: Not less than sixty (60) cubic feet of enclosed accessory storage space shall be provided for each dwelling unit.

2. Trash Areas:

a. All outside trash and garbage collection areas shall be enclosed or screened.

b. Trash containers shall provide the equivalent of not less than fifty (50) gallons' capacity per dwelling unit and shall be located within one hundred fifty feet (150') thereof. Where "bulk type" trash containers (3 cubic yard capacity or more) are used, there shall be not less than one such container for each dwelling units.

c. All trash, rubbish and garbage receptacles shall be regularly cleaned, inspected and maintained in a clean, safe, and sanitary condition. All containers shall be provided with tightfitting lids.

d. All trash storage areas shall be located for convenient vehicular access for pick up and disposal.

F. Special Development Criteria:

1. For an attached multi-unit structure, no linear wall along the side of a second story building shall extend longer than twenty feet (20') without an offset of four feet (4') or, alternatively, twenty four feet (24') without an offset of five feet (5') for a distance of not less than eight feet (8').

2. For a detached single unit, no linear wall along the side of a second story building shall extend longer than twenty four feet (24') without an offset of two feet (2') for a distance of not less than eight feet (8').

3. Balconies may be placed along a front elevation or along a central driveway, where dwelling units on the same parcel are situated on both sides of a so called double loaded driveway. Balconies shall be prohibited on the side and rear elevations where a unit faces a structure on an adjacent property.

4. Any guest parking space which is abutted by a single wall shall be twelve feet (12') in width; any guest parking space which is abutted on both sides by a wall shall be fourteen feet (14') in width.

5. Guest parking spaces shall be improved with grasscrete, turf block or similar material to allow better permeability and less runoff.

6. At least forty percent (40%) of the lot area shall be permeable. Furthermore, at least twenty five percent (25%) of the lot area shall be landscaped. The required landscaped area shall not include permeable pavers, turf block, or grasscrete, but shall include lawn area, shrubs, or flowerbeds.

7. At the terminus of an access driveway that serves two (2) or more dwelling units, there shall be extensive tall growing shrubbery, such as American arborvitae (Thuja occidentalis). Alternatively, an architectural enhancement, such as a decorative trellis combined with appropriate vines or comparable landscaping could be provided to enhance the view of multiple-family development projects from the street.

8. Chainlink fencing shall not be allowed in the front yard setback or any yard area between a dwelling and a public right of way.

9. Portable shade structures shall be prohibited in the front yard and in the street side yard.

10. (Rep. by Ord. 07-916)

11. Compliance with the requirements of the fire department regarding matters such as fire flow, hydrant location and driveway width.

12. The following parking requirements shall be made:

a. For each unit: Two and one-half (2¹/₂) spaces of which two (2) shall be enclosed and one-half (¹/₂) open.

b. Tandem parking shall be prohibited, exception: Guest parking shall be permitted in tandem for individual dwelling units in instances where the proposed dwelling unit is a detached dwelling unit with a private two (2) car garage, equipped with roll up type garage door(s) and automatic garage door opener and where vehicular access is provided directly from a public street.

c. Underground parking may be required to have special safety provisions as required by the fire department and building and safety department.

d. No use shall be made of any parking area or access thereto, other than for the parking of vehicles; such spaces shall be used for no other purpose at any time.

13. All utilities shall be placed underground.

14. The following minimum gross floor area shall be required:

Bachelor units	600 square feet
1 bedroom units	750 square feet
2 bedroom units	900 square feet
3 bedroom units	1,100 square feet
For each additional bedroom	500 square feet

15. Adequate trash and garbage collection and pick up areas shall be provided for use within one hundred fifty feet (150') of each unit in a location or locations accessible to a public street or alley, and enclosed on three (3) sides by a five foot (5') high masonry, brick or concrete wall. Such areas may be for individual dwelling units. Areas for group use shall be set back or otherwise protected from adjacent properties and streets.

16. Plumbing (gas and water) shutoff valves. Separate fullway shutoff valves shall be provided to each dwelling unit.

17. Common wall and floor-ceiling assemblies shall be required to conform to the sound insulation performance criteria.

18. All permanent mechanical equipment, which is determined to be a source of potential vibration or noise, shall be shock mounted as determined by the building officials.

19. Landscaping and exterior lighting plans must be submitted to the Planning Director for review and approval with the site plan.

20. A single area having a minimum of one hundred sixty (160) cubic feet of private and secure storage space shall be provided for each unit exclusive of closets and cupboards, within the dwelling unit. Said storage may be located within the garage, provided it does not interfere with automobile parking.

21. A dwelling unit(s) nearest the front property line shall have a "front elevation" as viewed from the street as opposed to a "side elevation" and shall have the front door situated along the building wall nearest the street.

22. New dwellings constructed within five hundred feet (500') of an arterial street or a railway shall be provided with a mechanical ventilation system designed to attain enhanced air filtration with the use of air filters that have a filtration efficiency equivalent to a minimum efficiency reporting value (MERV) of 14 or higher as determined by testing methods established by the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) standard 52.2, as periodically amended. All such ventilation system equipment and air filters shall be installed, operated, maintained and replaced in a manner consistent with applicable Building Code requirements and with the manufacturer's specifications and recommendations. Alternative air pollution mitigation measures (e.g., setbacks, landscaped buffers, etc.) may be utilized where feasible if they can be shown to have a mitigating effect that is equal to or greater than the enhanced air filtration measures specified herein.

G. Floor Area Ratio Requirements: No multiple-family residential project consisting of more than one dwelling unit shall exceed a total floor area ratio (FAR) of 0.70, including enclosed garages.

1. The second story floor area of any dwelling unit shall not exceed seventy five percent (75%) of the first story floor area, including the garage area of an attached garage.

H. Dish Antennas: The standards of development for dish antennas shall be subject to the limitations set forth in subsection 9-1M-12J of this article.

I. Conditional Use Permit Required: Repealed.

J. Automatic Fire Sprinkler System: An automatic fire sprinkler system shall be installed throughout all new attached residential dwellings, including attached garages, in the R-3 Zone. Said sprinkler system shall comply with the requirements of NFPA 13 or NFPA 13D as determined by the Fire Department. (1960 Code; amd. Ord. 76-431; Ord. 80-496; Ord. 85-562; Ord. 85-579; Ord. 87-621; Ord. 88-630; Ord. 89-654; Ord. 90-663; Ord. 90-680; Ord. 90-681; Ord. 91-704; Ord. 93-741; Ord. 05-896; Ord. 07-916; Ord. 13-972; Ord. 18-1032)

The following regulations shall be limitations on, and be applicable to all uses in Zone R-1:

A. Vehicles:

1. Parking Of Vehicles: No person shall park any vehicle or any component thereof, for any purpose, in any front or side yard area or any R zoned lot, except in driveway areas.

2. Repair, Dismantling Or Storage Of Vehicles, Prohibited: No person shall assemble, repair, dismantle or store any vehicle, other than as herein provided, on any part of an R zoned lot, unless such work is done:

a. Within an enclosed building; or

b. In an open area which is completely enclosed by view obscuring walls, not less than six feet (6') in height, or by the exterior walls of a building or buildings.

4. Commercial Vehicle: No vehicle which is registered for commercial purposes pursuant to the applicable provisions of the Vehicle Code of the State of California and which exceeds three (3) tons in unladen weight shall be parked or left standing on any part of any R zoned property, in excess of thirty (30) consecutive minutes unless actual loading or unloading of said vehicle is in progress on said property.

B. Accessory Structures: Accessory structures must be limited to one per lot, including accessory dwelling units, pool houses, workshops, shed, and the like, but not including required garages. On lots improved with a main dwelling that is greater than or equal to one thousand two hundred eighty (1,280) square feet, the maximum area for accessory structures on a lot - excluding required parking - must not exceed one thousand four hundred (1,400) square feet or fifty percent (50%) of the living area of the main dwelling, whichever is smaller. On lots improved with a main dwelling that is less than one thousand two hundred eighty (1,280) square feet, the maximum area for all accessory structures on a lot - excluding required parking - must not exceed six hundred forty (640) square feet. (1960 Code; amd. Ord. 77-452; Ord. 87-603; Ord. 03-888; Ord. 17-1022; Ord. 18-1032)

All premises in the R-2 zone shall comply with the following standards of development:

A. Required Lot Area: Each lot in the R-2 zone shall have a minimum lot area of not less than:

1. The number following the zoning symbol. If such number is less than one hundred (100), it shall mean acres, and if such number is more than one hundred (100), it shall mean square feet; or

2. Five thousand (5,000) square feet when no number follows the zoning symbol;

3. Provided that no lot shall be created after the effective date of these regulations having less than seven thousand two hundred (7,200) square feet of lot area.

B. Lot Width: Each lot or parcel of land in zone R-2 shall have a minimum lot width of not less than fifty feet (50'), providing that no lot shall be created on or after August 18, 1967, having a lot width less than sixty feet (60'), except as follows:

1. Where more than two (2) single-family dwellings or more than one two-family dwelling are proposed for any recorded R-2 zoned lot, there shall be a minimum required lot width of fifty feet (50'), or, if such lot is located on a cul-de-sac street, there shall be a minimum required lot width of thirty five feet (35').

C. Yards:

1. Front Yards: Each lot in the R-2 zone shall maintain a front yard of not less than twenty feet (20') in depth.

(1) Any lot which abuts two (2) separate streets, such as a corner lot or a double frontage lot.

(2) Any lot which is noncontiguous to any public street but has access thereto by private easement.

(3) Any lot which has less than thirty five feet (35') of frontage on a public street.

2. Side Yards: Each lot in the R-2 zone shall maintain the following side yards:

a. Interior Lots: Interior lots shall maintain side yards as follows:

Single-story structures	5 feet
Two-story structures	10 feet for the first story. An average second story side yard setback of 15 feet shall be provided; however, at no time and no point shall the second story setback on any side be less than 10 feet or less than the first floor setback.

b. Corner Lots: Each corner lot shall maintain the following side yard requirements:

(1) On the side lot line which abuts another lot the side yard shall be as follows:

Single-story structures	5 feet
Two-story structures	10 feet for the first story. An average second story side yard setback of 15 feet shall be provided; however, at no time and no point shall the second story setback on any side be less than 10 feet or less than the first floor setback.

(2) On the street side, the required side yard shall be as follows:

Single-story structures	10 feet
Two-story structures	10 feet for the first story. An average second story side yard setback of 15 feet shall be provided; however, at no time and no point shall the second story setback on any side be less than 10 feet or less than the first floor setback.

3. Rear Yard: Each lot in zone R-2 shall maintain a rear yard of not less than fifteen feet (15') in depth.

D. Open Space: Each lot in the R-2 zone shall be maintained with usable, landscaped open space and developed open space areas, provided that the requirements of this subsection which apply only to R-2 lots upon which new residential structure(s) are erected after the effective date of these regulations.

1. Required usable, landscaped open space: There shall be a minimum of five hundred (500) square feet of landscaped open space per dwelling unit.

2. All dwelling units for which open space is required shall have and maintain suitable access thereto.

3. Development details for open space:

a. A maximum of fifty percent (50%) of the required landscaped open space may be covered by a cabana or patio cover.

b. A maximum of fifty percent (50%) of the required landscaped open space may be provided in the form of common recreational areas.

E. Height Limits: No lot or parcel of land in zone R-2 shall have a building or structure in excess of two (2) stories or thirty feet (30') in height. Subterranean or semisubterranean parking shall be considered a story and shall be prohibited. (For purposes of this section, subterranean or semisubterranean parking shall mean any construction project which proposes excavation, grading and/or mounding of earth so as to change the existing grade of the lot by more than 18 inches for the specific purpose of accommodating parking beneath living area.)

1. In the front thirty feet (30') of a lot, no portion of the building or structure shall encroach through a plane projected from an angle of forty degrees (40°) as measured at the ground level along the front property line toward the rear property line.

F. Off Street Parking: Each lot or parcel of land in zone R-2 shall have on the same lot or parcel of land two (2) off street parking spaces per dwelling unit, each of which shall be located in a garage. Such parking facilities shall be conveniently accessible and located only at a place where the erection of structures is permitted.

G. Floor Area Ratio Requirement: No multiple-family residential project consisting of more than one dwelling unit shall exceed a total floor area ratio (FAR) of 0.50, including enclosed garage.

1. The second story floor area of any dwelling unit shall not exceed seventy five percent (75%) of the first story floor area, including the garage area of an attached garage.

H. Site Plan Review: Construction of any new dwelling or any substantial remodel or alteration of an existing dwelling in the R-2 zone shall require a site plan review.

I. Special Development Criteria:

5. Guest parking spaces shall be improved with grasscrete, turf block or similar material to allow better permeability and less runoff.

8. Chainlink fencing shall not be allowed in the front yard setback or any yard area between a dwelling and a public right of way.

9. Portable shade structures shall be prohibited in the front yard and in the street side yard.

10. "Open space", as defined in section 9-1A-9 of this chapter, shall be required as follows: Five hundred (500) square feet for each dwelling unit.

11. Compliance with the requirements of the fire department regarding matters such as fire flow, hydrant location and driveway width.

12. The following parking requirements shall be made:

a. For each unit: Two and one-half (2¹/₂) spaces of which two (2) shall be enclosed, one-half (¹/₂) open.

b. Tandem parking shall be prohibited. Exception: Guest parking shall be permitted in tandem for individual dwelling units in instances where the proposed dwelling unit is a detached dwelling unit with a private two (2) car garage, equipped with roll up type garage door(s) and automatic garage door opener and where vehicular access is provided directly from a public street.

c. Underground parking may be required to have special safety provisions as required by the fire department and building and safety department.

d. No use shall be made of any parking area or access thereto, other than for the parking of vehicles; such spaces shall be used for no other purpose at any time.

13. All utilities shall be placed underground.

14. The following minimum gross floor area shall be required:

Bachelor units	600 square feet
1 bedroom units	750 square feet
2 bedroom units	900 square feet
3 bedroom units	1,100 square feet

Each additional bedroom over three (3) shall require that one hundred fifty (150) additional square feet of floor area be added to the dwelling unit.

15. Adequate trash and garbage collection and pick up areas shall be provided for use within one hundred fifty feet (150') of each unit in a location or locations accessible to a public street or alley, and enclosed on three (3) sides by a five foot (5') high masonry, brick or concrete wall. Such areas may be for individual dwelling units independent of others, or for groups of dwelling units or for all such dwelling units. Areas for group use shall be set back or otherwise protected from adjacent properties and streets.

16. Plumbing (gas and water) shutoff valves. Separate fullway shutoff valves shall be provided to each dwelling unit.

17. Common wall and floor-ceiling assemblies shall be required to conform to the sound insulation performance criteria.

18. All permanent mechanical equipment, which is determined to be a source of potential vibration or noise, shall be shock mounted as determined by the building officials.

19. Landscaping and exterior lighting plans must be submitted to the planning director for review and approval with the site plan.

22. New dwellings constructed within five hundred feet (500') of an arterial street or a railway shall be provided with a mechanical ventilation system designed to attain enhanced air filtration with the use of air filters that have a filtration efficiency equivalent to a minimum efficiency reporting value (MERV) of 14 or higher as determined by testing methods established by the American Society Of Heating, Refrigerating And Air-Conditioning Engineers (ASHRAE) standard 52.2, as periodically amended. All such ventilation system equipment and air filters shall be installed, operated, maintained and replaced in a manner consistent with applicable building code requirements and with the manufacturer's specifications and recommendations. Alternative air pollution mitigation measures (e.g., setbacks, landscaped buffers, etc.) may be utilized where feasible if they can be shown to have a mitigating effect that is equal to or greater than the enhanced air filtration measures specified herein.

J. Dish Antennas: The standards of development for dish antennas shall be subject to the limitations as set forth in subsection 9-1M-12J of this article.

K. Conditional Use Permit Required: Repealed.

L. Automatic Fire Sprinkler System: An automatic fire sprinkler system shall be installed throughout all new attached residential dwellings, including attached garages, in the R-2 zone. Said sprinkler system shall comply with the requirements of NFPA 13 or NFPA 13D as determined by the fire department. (1960 Code; amd. Ord. 80-496; Ord. 85-562; Ord. 85-569; Ord. 87-621; Ord. 88-630; Ord. 90-663; Ord. 90-668; Ord. 90-680; Ord. 90-681; Ord. 91-704; Ord. 05-896; Ord. 07-916; Ord. 13-972)

All traffic markings, stop signs and traffic signs which are existing in the city on the date of incorporation thereof, which were erected and placed by the officers and officials of the county, are hereby declared to be the official traffic signs and regulations of the city of Temple City, and all matters pertaining thereto are hereby ratified and confirmed by the city council. (1960 Code)

"Truck routes" are defined as those streets and parts of streets established by resolution of the city council as "truck routes" pursuant to enabling provisions of section 3-3A-10 of this article. (1960 Code)

A. Authority To Issue: The public safety officer or his/her designee (hereinafter referred to as the "issuing officer") is authorized to review applications for and to issue overnight parking permits as provided in this part. (Ord. 10-935)

B. Criteria: Overnight parking permits provided for under this part may only be issued for a vehicle with a gross weight rating of under six thousand (6,000) pounds and not exceeding twenty feet (20') in length. Recreational vehicles, boats, personal watercraft, trailers, all-terrain vehicles, off highway motorcycles and inoperable vehicles are not eligible for overnight parking permits under this part. Even though a motor vehicle may not qualify for an overnight parking permit under this part, the city may nevertheless issue an overnight parking permit for a motor vehicle owned by and issued to an employee of a federal, state, or local governmental agency for their use. The city may issue an overnight parking permit for a commercial passenger vehicle that is used by the registered owner for their personal business (i.e., an individually owned taxicab). The city may also issue an overnight parking permit for a vehicle (hereinafter a "take home vehicle") assigned to the applicant as a take home vehicle by the applicant's employer. An overnight parking permit will only be issued to a commercial passenger vehicle or take home vehicle provided the motor vehicle meets the weight and length requirements of this section and parking of the vehicle will not unreasonably impair parking for other permit holders. (Ord. 10-938)

C. Types Of Overnight Parking Permits:

1. Annual Permit: An annual permit used in accordance with this part entitles the permittee to park an assigned vehicle on a specified street overnight for the duration of the permit. The duration of annual permits is one full calendar year or a remaining portion of a calendar year. Annual permits expire at eleven fifty nine o'clock (11:59) P.M. of December 31 of the year for which such permits were issued, unless sooner revoked as provided in this part.

2. Monthly Permit: A monthly parking permit used in accordance with this part entitles the permittee to park an assigned vehicle on a specified street overnight for thirty (30) days following the date of permit issuance. The permit expires at eleven fifty nine o'clock (11:59) P.M. on the thirtieth day, unless sooner revoked as provided in this part.

3. Temporary Permit: A temporary parking permit may be purchased through a self-service parking permit vending machine located at city hall or issued by the issuing officer for the fee established by resolution adopted by the city council. Temporary permits expire at the date and time specified on the permit.

D. Reservation Of Safety And Enforcement Authority: Issuance of a permit under this part only provides the holder with the privilege of parking on the assigned street overnight and does not except the holder for the motor vehicle from the city's enforcement of all other parking, traffic, and safety laws and requirements of the state of California and the city of Temple City. The city hereby reserves for itself the right to make, impose and enforce upon holders of valid overnight parking permits any new traffic, parking, and safety requirements as the city council may from time to time adopt, or those that the city is required to impose and enforce under California law. (Ord. 10-935)

OVERSIZED VEHICLE: Any vehicle, whether motorized or nonmotorized, that exceeds twenty feet (20') in length, or eighty inches (80") in width or seventy eight inches (78") in height or that weighs more than six thousand (6,000) pounds (gross vehicle weight). Any extension caused by any mirror or any accessory attached to such vehicle shall be considered part of the measured distance.

Notwithstanding the length, width, and height requirements for an oversized vehicle, the following vehicles shall also be considered oversized vehicles subject to the prohibitions contained in section 3-3A-50-1 of this article:

A. Buses as defined in the California Vehicle Code;

B. Trailers, including boat trailers, and semitrailers, as these are defined in the California Vehicle Code, and stand alone boats not connected to trailers;

C. Trailer coaches as defined in the California Vehicle Code; and

D. Recreational vehicles as defined in this article.

RECREATIONAL VEHICLE: A motor home, slide-in camper, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy. Recreational vehicle shall also include:

Camping Trailer: A vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at the campsite and designed for human habitation for recreational or emergency occupancy;

Motor Home: A vehicular unit built on or permanently attached to a self-propelled motor vehicle chassis, chassis cab or van, which becomes an integral part of the completed vehicle, designed for human habitation for recreational or emergency occupancy;

Slide-In Camper: A portable unit, consisting of a roof, floor and sides, designed to be loaded onto and unloaded from the bed of a pickup truck, and designed for human habitation for recreational or emergency occupancy and shall include a truck camper;

Travel Trailer: A portable unit, mounted on wheels, of such a size and weight as not to require special highway movement permits when drawn by a motor vehicle and for human habitation for recreational or emergency occupancy. (Ord. 06-910)

The city council may by resolution designate certain blocks or portions of blocks as areas in which bicycles shall be parked only in certain bicycle parking racks provided by the city either within the roadway right of way or city sidewalk. Said blocks shall be posted with signs by the city manager reading, "No Bicycle Parking Except In City Racks", and the bicycle racks shall have a sign permanently posted on or in the immediate area reading:

CITY BICYCLE RACK - BICYCLES MUST BE PARKED IN THESE RACKS IN THIS BLOCK - NO OTHER PARKING PERMITTED.

(1960 Code, as amended)

The city council finds and declares that, notwithstanding any other provision of this code, it is a public nuisance and unlawful for any person to allow, cause, create, maintain, or suffer, or permit others to cause, create, or maintain the following:

A. Any real property or premises in the city in such a manner that any one or more of the following conditions are found to exist thereon:

1. Land, the topography, geology or configuration of which whether in natural state or as a result of the grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare, or to adjacent properties.

2. Buildings or other structures, or portions thereof, that are partially constructed or destroyed or allowed to remain in a state of partial construction or destruction for an unreasonable period of time. As used herein, an "unreasonable" period shall mean any portion of time exceeding the period given to a responsible person by the city for the complete abatement of this nuisance condition with all required city approvals, permits and inspections. Factors that may be used by the city to establish a reasonable period for the complete abatement of this nuisance include, but are not limited to, the following:

a. The degree of partial construction or destruction and the cause therefor.

b. Whether or not this condition constitutes an attractive nuisance or if it otherwise poses or promotes a health or safety hazard to occupants of the premises, or to others.

c. The degree of visibility, if any, of this condition from public or adjoining private real property.

d. The scope and type of work that is needed to abate this nuisance.

e. The promptness with which a responsible person has applied for and obtained all required city approvals and permits in order to lawfully commence the nuisance abatement actions.

f. Whether or not a responsible person has complied with other required technical code requirements, including requesting and passing required inspections in a timely manner, while completing nuisance abatement actions.

g. Whether or not a responsible person has applied for extensions to a technical code permit or renewed an expired permit, as well as the number of extensions and renewals that a responsible person has previously sought or obtained from the city.

h. Whether or not a responsible person has made substantial progress, as determined by the city, in performing nuisance abatement actions under a technical code permit that has expired, or is about to expire.

i. Whether delays in completing nuisance abatement actions under a technical code permit have occurred, and the reason(s) for such delays.

3. Real property, or any building or structure thereon, that is abandoned, uninhabited, or vacant (irrespective of whether said structure is secured against unauthorized entry) for a period of more than six (6) months.

4. Any building or structure which has any or all of the following conditions or defects:

a. Whenever any door, aisle, passageway, stairway, or other means of exit is not of sufficient width or size, or it is not so arranged as to provide safe and adequate means of exit, in case of fire or panic, for all persons housed or assembled therein who would be required to, or might, use such door, aisle, passageway, stairway, or other means of exit.

b. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half (1¹/₂) times the working stress or stresses allowed in the building code.

c. Whenever any portion thereof has been damaged by earthquake, wind, flood, or by any other cause, in such a manner that the structural strength or stability thereof is appreciably less than it was before such catastrophe and is less than the minimum requirements of this code for a new building of similar structure, purpose or location.

d. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

e. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one and one-half (1¹/₂) that specified in the California building code or California residential code (or other applicable building regulation) without exceeding the working stresses permitted in the California building code or California residential code (or other applicable building regulation).

f. Whenever any portion thereof has settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of new construction.

g. Whenever the building or structure, or any portion thereof, because of dilapidation, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or some other cause, is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way.

h. Whenever, for any reason whatsoever, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used.

i. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third (¹/₃) of the base.

j. Whenever the building or structure, exclusive of the foundation, shows thirty three percent (33%) or more of damage or deterioration to the member or members, or fifty percent (50%) of damage or deterioration of a nonsupporting enclosing or outside wall or covering.

k. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing nuisance or unlawful or immoral acts.

l. Any building or structure which has been constructed or which now exists or is maintained in violation of any specific requirement or prohibition, applicable to such building or structure, of the building regulations of this city, as set forth in the building code or uniform housing code, or of any law or ordinance of this state or city relating to the condition, location or structure of buildings.

m. Any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting or in any supporting member less than sixty six percent (66%) of the strength, fire resisting qualities or characteristics required by law or ordinance in the case of like area, height and occupancy in the same location.

n. Whenever a building or structure, used or intended to be used for dwelling purposes, because of dilapidation, decay, damage, or faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease when so determined by the health officer, or is likely to work injury to the health, safety or general welfare of those living within.

o. Whenever the building or structure, used or intended to be used for dwelling purposes, has light, air, ventilation, heating, and sanitation facilities inadequate to protect the health, safety or general welfare of persons living within.

p. Whenever any building or structure by reason of obsolescence, dilapidated condition, deterioration, damage, electric wiring, gas connections, heating apparatus, or other cause, is in such condition as to be a fire hazard and is so situated as to endanger life or other buildings or property in the vicinity or provide a ready fuel supply to augment the spread and intensity of fire arising from any cause.

5. Exterior portions of buildings or structures (including, but not limited to, roofs, balconies, decks, fences, stairs, stairways, walls, signs and fixtures), as well as sidewalks, walkways, pedestrianways, driveways, parking areas, and any detached or freestanding structure, that have become defective, unsightly or no longer viable, or are maintained in a condition of dilapidation, deterioration or disrepair to such an extent as to result in, or tend to result in, a diminution in property values, or where such condition creates a hazard to persons using said building, structure, or way, or where such condition interferes with the peaceful use, possession and/or enjoyment of adjacent properties, or where such condition otherwise violates, or is contrary to, this code, or other applicable law.

6. Failure to provide and maintain adequate weather protection to structures or buildings, in such a manner that results in or tends to result in the existence of cracked, peeling, warped, rotted, or severely damaged paint, stucco or other exterior covering.

7. Broken, defective, damaged, dilapidated, or missing windows, doors, or vents in a building or structure, and/or broken, defective, damaged, dilapidated, or missing screens for windows, doors, or crawl spaces in a building or structure.

8. Windows or doors that remain boarded up or sealed after ten (10) calendar days' written city notice to a responsible person requesting the removal of these coverings and the installation of fully functional or operable windows or doors. City actions to board up or seal windows or doors in order to deter unauthorized entry into structures shall not relieve responsible persons from installing fully functional or operational windows or doors.

9. Obstructions of any kind, cause or form that interfere with required light or ventilation for a building or structure, or that interfere with, hinder, delay, or impede ingress therein and/or egress therefrom.

10. Abandoned personal property that is visible from public or private property.

11. Any form of an attractive nuisance.

12. Interior portions of buildings or structures (including, but not limited to, attics, ceilings, walls, floors, basements, mezzanines, and common areas) that have become defective, unsightly, or are maintained in a condition of dilapidation, deterioration or disrepair to such an extent as to result in, or tend to result in, a diminution in property values, or where such condition interferes with the peaceful use, possession and/or enjoyment of properties in the vicinity, or where such condition otherwise violates, or is contrary to, this code or other applicable law.

13. Items of junk, trash, debris, or other personal property that are kept, placed, or stored inside of a structure or on exterior portions of real property that constitute a fire or safety hazard or a violation of any provision of this code; or items of junk, trash, debris, or other personal property that are visible from public or private real property, or that are otherwise out of conformity with neighboring community standards to such an extent as to result in, or tend to result in, a diminution in property values. Notwithstanding the foregoing, the existence of a junkyard is not a nuisance when such use and the premises on which such use occurs are in full compliance with all provisions of the Temple City zoning code (including all approvals and permits required thereby), and all other applicable provisions of the Temple City municipal code and any future amendments and additions thereto, as well as applicable county, state, and/or federal laws and regulations.

14. The keeping or disposing of, or the scattering or accumulating of flammable, combustible or other materials including, but not limited to, composting, firewood, lumber, junk, trash, debris, packing boxes, pallets, plant cuttings, tree trimmings or wood chips, discarded items, or other personal property on exterior portions of real property, or within any building or structure thereon, when such items or accumulations:

a. Render premises unsanitary or substandard as defined by the Temple City housing code, the state housing law, the Temple City building code, or other applicable local, state, or federal law, rule, or regulation;

b. Violate the Temple City health code, Los Angeles County health code, or any other health code adopted by and/or applicable in the city of Temple City;

c. Cause, create, or tend to contribute to, a fire or safety hazard;

d. Harbor, promote, or tend to contribute to, the presence of rats, vermin and/or insects;

e. Cause, create, or tend to contribute to, an offensive odor; or

f. Cause the premises to be out of conformity with neighboring community standards to such an extent as to result in, or tend to result in, a diminution of property values. Provided, however, that this use of land or condition shall not constitute a nuisance when expressly permitted under the applicable zone classification and the premises are in full compliance with all provisions of the Temple City zoning code, and all other applicable provisions of the Temple City municipal code and any future amendments and additions thereto, as well as applicable county, state, and/or federal laws and regulations.

15. Unsanitary, polluted or unhealthful pools, ponds, standing water or excavations containing water that constitute an attractive nuisance or that are otherwise likely to harbor mosquitoes, insects or other vectors. The likelihood of insect harborage is evidenced by any of the following conditions: water which is unclear, murky, clouded or green; water containing bacterial growth, algae, insect larvae, insect remains, or animal remains; or bodies of water which are abandoned, neglected, unfiltered or otherwise improperly maintained.

16. Holiday lights, decorations, or displays that are erected, installed, displayed, or maintained on exterior portions of real property more than thirty (30) calendar days before a federal, state, or religious holiday and/or more than fifteen (15) calendar days after a federal, state, or religious holiday.

17. The hanging, drying, or airing of clothing or household fabrics on fences, trees, or shrubberies, or the existence of clotheslines, in front yard areas of any real property, or in any yard area that is visible from a public right of way.

18. Canopies, tents, tarps, or other similar membrane structures located in the front yard of any real property in excess of seventy two (72) hours, unless otherwise authorized pursuant to a permit or other entitlement from the city.

19. Overgrown vegetation including, but not limited to, any one of the following:

a. Vegetation likely to harbor, or promote the presence of, rats, vermin and/or insects.

b. Vegetation causing detriment to neighboring properties, or that is out of conformity with neighboring community standards to such an extent as to result in, or contribute to, a diminution of property values, including, but not limited to:

(1) Lawns with grass in excess of six inches (6") in height.

(2) Hedges, trees, lawns, plants, or other vegetation that are not maintained in a neat, orderly, and healthy manner as a result of lack of adequate mowing, grooming, trimming, pruning, fertilizing, watering, and/or replacement.

c. Vegetation that creates, or tends to create, the existence of a fire hazard.

d. Vegetation that overhangs or grows onto or into any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other right of way, so as to cause an obstruction to any person or vehicle using such public property.

e. Tree branches or other vegetation within five feet (5') of the rooftop of a structure so as to facilitate rodent or animal access thereto.

20. Dead, decayed, diseased or hazardous trees, weeds, ground cover, and other vegetation, or the absence of healthful vegetation, that causes, contributes to, or tends to cause or contribute to, any one of the following conditions or consequences:

a. An attractive nuisance;

b. A fire hazard;

c. The creation or promotion of dust or soil erosion;

d. A diminution in property values; or

e. A detriment to public health, safety or welfare.

21. Lack of landscaping or other ground cover in any yard area as otherwise required by the Temple City zoning code or other provisions of the city's municipal code.

22. Waste containers, yard waste containers, and recycling containers that are kept, placed or stored in driveways or parking areas, or in front or side yards, such that said containers are visible from public streets, except when placed in places of collection at times permitted and in full compliance with this code.

23. The use, parking, or storing of any recreational vehicle as temporary or permanent living space.

24. Vehicles, trailers, campers, boats, recreational vehicles, and/or other mobile equipment placed, parked or stored in violation of any provision of the Temple City municipal code, including the Temple City zoning code.

25. Vehicles, trailers, campers, boats, recreational vehicles, and/or other mobile equipment placed, parked, or stored on any unpaved surface within the front yard setback of any real property.

26. Parking spaces required by the Temple City municipal code, including the Temple City zoning code, that are not maintained in such a manner that said spaces are continuously free, accessible, and available for vehicle parking without the movement of real or personal property.

27. Abandoned, dismantled, inoperable or wrecked boats, campers, motorcycles, trailers, vehicles, or parts thereof, unless kept, placed, parked, or stored inside of a completely enclosed, lawfully constructed building or structure.

28. Commercial vehicles or equipment placed, parked, or stored on any private real property that is located within a residential zone of the city or any other private real property used for residential purposes, except when the commercial vehicle is parked in connection with, and in the aid of, the performance of a service to or on the private real property where it is parked until such service is completed.

29. Vehicles, construction equipment, or other machinery exceeding the permissible gross vehicle weight for the streets or public property upon which they are located. A nuisance also exists under this provision when a vehicle, construction equipment, or other machinery is stopped, kept, placed, parked, or stored on private real property and when such vehicle, equipment, or machinery exceeds the permissible gross vehicle weight for the streets or public property that were utilized in its placement on said private real property unless pursuant to a valid permit issued by the city.

30. Any equipment, machinery, or vehicle of any type or description that is designed, used, or maintained for construction type activities that is kept, parked, placed, or stored on public or private real property except when such item is being used during excavation, construction, or demolition operations at the site where said equipment, machinery, or vehicle is located pursuant to an active permit issued by the city.

31. Maintenance of signs, or sign structures, on real property relating to uses no longer lawfully conducted or products no longer lawfully sold thereon, or signs and their structures that are in disrepair or which are otherwise in violation of, or contrary to, the Temple City municipal code, including the Temple City zoning code.

32. Specialty structures that have been constructed for a specific single use only, and which are unfeasible to convert to other uses, and which are abandoned, partially destroyed or are permitted to remain in a state of partial destruction or disrepair. Such specialty structures include, but are not limited to, the following: tanks for gas or liquid(s), lateral support structures and bulkheads, utility high voltage towers and poles, utility high rise support structures, electronic transmitting antennas and towers, structures which support or house mechanical and utility equipment and are located above the rooflines of existing buildings, high rise freestanding chimneys and smokestacks, and recreational structures such as tennis courts and cabanas.

33. Any personal property or structure that obstructs or encroaches on any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other right of way, unless a valid encroachment permit has been issued authorizing said encroachment or obstruction.

34. Causing, maintaining or permitting graffiti or other defacement of real or personal property to be present or to remain on a building, structure or vehicle, or portion thereof, that is visible from a public right of way or from private real property.

35. Storage of hazardous or toxic materials or substances, as so classified by any local, state or federal laws or regulations, on real property in such a manner as to be injurious, or potentially injurious or hazardous, to the public health, safety or welfare, or to adjacent properties, or that otherwise violates local, state or federal laws or regulations.

36. Any discharge of any substance or material other than stormwater which enters, or could possibly enter, the city's storm sewer system in violation of this code.

37. Maintenance of any tarp or similar covering on or over any graded surface or hillside, except in the following circumstances:

a. A state of emergency has been declared by local, county, state, or federal officials directly impacting the area to be covered; and/or

b. Covering with a tarp performed pursuant to an active building or grading permit.

38. Maintenance of any tarp or similar covering on or over any roof of any structure, except during periods of active rainfall, or when specifically permitted under an active roofing or building permit.

39. Maintenance of any tarp or similar covering attached to, affixed to, or located on a fence for purposes of screening or for providing shade.

40. The keeping or suffering of any animal, reptile, or insect in a manner that poses a threat, disturbance, or menace to persons or property, or in such a manner or quantity that otherwise violates any provision of this Code.

41. Any noise that is made, generated, produced, or continued in such a manner that it unreasonably disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitivities, or that otherwise violates any provision of this Code, including the noise limits set forth in the Temple City Zoning Code. Factors which shall be considered in determining whether the noise is a nuisance shall include, but not be limited to, the following:

a. The volume of the noise;

b. The intensity of the noise;

c. Whether the nature of the noise is usual or unusual;

d. Whether the origin of the noise is natural or unnatural;

e. The volume and intensity of the background noise, if any;

f. The proximity of the noise to residential sleeping facilities;

g. The nature of the zoning of the area from which the noise emanates;

h. The density of inhabitation of the area from which the noise emanates;

i. The time of day or night the noise occurs;

j. The duration of the noise;

k. Whether the noise is recurrent, intermittent, or constant;

l. Whether the noise is produced by commercial or noncommercial activity; and

m. Whether the noise is a consequence or expected result of an otherwise lawful use.

42. Maintenance of premises so out of harmony or conformity with the maintenance standards of properties in the vicinity as to cause, or that tends to cause, substantial diminution of the enjoyment, use, or property values of such properties in the vicinity.

43. Any condition recognized in local or State law or in equity as constituting a public nuisance, or any condition existing on real property that constitutes, or tends to constitute, blight, or that is a health or safety hazard to the community or neighboring properties. (Ord. 11-950)

44. Any unattended collection box not in conformance with the regulations of section 9-1T-11 of this Code. (Ord. 17-1026)

B. Any "unsafe building", "unsafe structure", "substandard building", or "substandard property" as defined by the Los Angeles County Building Code or Los Angeles County Residential Code, as adopted and amended by this Code.

C. Any building or structure, or portion thereof, or the premises on which the same is located, in which there exists any of the conditions listed in section 17920.3 of the California Health and Safety Code, and any future amendments thereto.

D. Any building or structure used by any person to engage in acts which are prohibited pursuant to the laws of the United States or the State of California, the provisions of this Code, or any other ordinance of this City, including, but not limited to, the following acts:

1. Unlawful possession, use, and/or sale of controlled substances; and/or

2. Prostitution; and/or

3. Unlawful gambling.

E. Any real property, or any building or structure thereon, that is used by persons to cause, allow, contribute to, permit, or suffer any of the following acts:

1. Disturbances of the peace;

2. Excessive and/or loud noise disturbances;

3. Consumption of alcohol in public and/or public intoxication;

4. Urination in public;

5. Harassment of passersby;

6. Theft, assault, battery, or vandalism;

7. Storage or sale of stolen goods;

8. Excessive littering;

9. Illegal parking or traffic violations;

10. Curfew violations;

11. School attendance violations;

12. Lewd and/or lascivious conduct; and/or

13. Excessive responses by the Police Department or other law enforcement personnel.

F. Any condition, use, or activity that constitutes a public nuisance as defined by sections 3479 or 3480 of the California Civil Code, and any future amendments thereto.

G. Any building, structure, or use of real property that violates or fails to comply with: 1) any applicable approval, permit, license, or entitlement or condition relating thereto, 2) any ordinance of the City, including, but not limited to, any provision of this Code, or 3) any applicable County, State, or Federal law or regulation. (Ord. 11-950)

A. Whenever a code enforcement officer or other public official determines that city personnel may need to abate a public nuisance, he or she shall serve a written "notice of public nuisance and intention to abate with city personnel" (hereafter in this section and in subsequent sections of this article, the "notice of abatement") on the responsible person(s) that contains the following provisions:

1. The address of the real property on which the nuisance condition(s) exists.

2. A description of the nuisance condition(s).

3. A reference to the law describing or prohibiting the nuisance condition(s).

4. A brief description of the required corrective action(s); and

5. A compliance period in which to complete the nuisance abatement actions (with all required city approvals, permits and inspections, when applicable).

6. The period and manner in which a responsible person may contest the notice of abatement as set forth in section 4-2C-13 of this article. No such right shall exist when the city is not seeking to establish the right to abate a public nuisance with city forces or contract agents.

7. A statement that the city may record a declaration of substandard property with the Los Angeles County recorder's office against the premises if the public nuisance is not fully abated or corrected (with all required approvals, permits and inspections), as determined by the city, with the compliance period specified in the notice of abatement, provided that a timely appeal therefrom has not been made.

B. The procedure in subsection A of this section shall not apply to public nuisances constituting an imminent hazard. In such instances, the provisions in section 4-2C-17, "Emergency Action To Abate An Imminent Hazard", of this article shall be followed.

C. The city's election to issue a notice of abatement pursuant to this section shall not excuse responsible persons from their continuing obligation to abate a public nuisance in accordance with all applicable laws, regulations and legal requirements. Furthermore, the issuance of a notice of abatement shall not obligate the city to abate a public nuisance. (Ord. 11-950)

A. A prevailing party in any administrative, civil or equitable judicial action to abate, or cause the abatement of a "public nuisance" as defined in this article, or in any appeal or other judicial action arising therefrom, may recover reasonable attorney fees in accordance with the following subsections:

1. Attorney fees are not recoverable by any person as a prevailing party unless the city manager, or a designee thereof, or an attorney for, and on behalf of, the city, elects in writing to seek recovery of the city's attorney fees at the initiation of that individual action or proceeding. Failure to make such an election precludes any entitlement to, or award of, attorney fees in favor of any person or the city.

2. The city is the prevailing party when an administrative or judicial determination is made or affirmed by which a person is found to be responsible for one or more conditions or activities that constitute a public nuisance. A person is the prevailing party only when a final administrative or judicial determination completely absolves that person of responsibility for all conditions or activities that were alleged, in that action or proceeding, to constitute a public nuisance. An administrative or judicial determination that results in findings of responsibility and nonresponsibility on the part of a person for conditions or activities that were alleged in that action or proceeding to constitute a public nuisance, shall nevertheless result in the city being the prevailing party.

B. Provided that the city has made an election to seek attorney fees, an award of attorney fees to a person shall not exceed the amount of reasonable attorney fees incurred by the city in that action or proceeding. (Ord. 11-950)

A. Application And Fees: An application for a site plan review shall be filed with the Planning Division on the prescribed application form and shall be accompanied by the following:

1. A completed environmental information form describing existing environmental conditions, the proposed project and identifying potential environmental impacts of the project (not required for counter site plan reviews);

2. Maps, drawings, site plans, building elevations, proposed colors and building materials, summary tabulations and other documents and information required on the standard City application form to describe the project adequately; and

3. Required fee(s).

B. Scope Of Review: Where a site plan review is required for construction under the provisions of this article, the following aspects of the project are to be reviewed by the approval body:

1. The location of the construction in relation to location of buildings on adjoining sites, with particular attention to privacy, views, any physical constraint identified on the site and the characteristics of the area in which the site is located;

2. The degree to which the construction will complement and/or improve upon the quality of existing development in the vicinity of the proposed construction and the extent to which adverse impacts to surrounding properties can be minimized;

3. The effect of the proposed construction on surrounding uses, including ensuring minimum disruption to such uses;

4. Whether the development standards set forth in this chapter applicable to the construction have been satisfied;

5. Whether the design guidelines applicable to the construction set forth in this chapter have been substantially met.

C. Development Review Committee (DRC) Review: All minor and major site plan reviews require review by the Development Review Committee.

1. Membership: The DRC shall consist of the Director, or designee, and representatives of all City departments and contract agencies (e.g., public works, fire, police) involved in approval of new development.

2. Duties And Authority: The duties and responsibilities of the DRC shall be to review the proposed construction, provide applicants with appropriate design comments, provide project conditions, and make recommendations to the Director, or the commission, as provided by this chapter.

D. Public Hearing Required: All major site plan reviews shall require a public hearing in accordance with section 9-1E-3 of this part. Minor site plan reviews do not require a public hearing. However, the Director may, due to the nature of a proposed project, require that a public hearing be held for a minor site plan review.

E. Noticing For Single-Family Residences: New two-story single-family residences or additions above the first story to a single-family residence requires that the owners of properties within one hundred feet (100') of a proposed project be notified ten (10) days prior to the Community Development Director approving the project.

F. Approval Body: The Director, or designee, shall be responsible for the approval of site plan reviews, except, under the following conditions:

1. When a site plan review is sought in conjunction with another application that requires Planning Commission review, the Planning Commission shall become the approval body.

2. When a site plan review also involves concessions under the State's Density Bonus Law. The City Council is the approval body upon recommendation of the Planning Commission.

G. Findings Of Fact: All minor and major site plan reviews require the approval body make findings of fact in order to approve a site plan review application. The approval body shall issue the decision and the findings upon which the decision is based in writing. The approval body may approve a site plan review application with or without conditions, if all of the following findings are made:

1. The construction complies with all applicable provisions of this chapter;

2. The construction is consistent with the General Plan, any applicable specific plan, and any special design theme adopted by the City for the site and vicinity;

3. The approval of the site plan review is in compliance with the California Environmental Quality Act (CEQA);

4. The proposed structures, signs, site development, grading and/or landscaping are compatible in design, appearance and scale, with existing uses, development, signs, structures and landscaping for the surrounding area;

5. The site is adequate in size and shape to accommodate the proposed structures, yards, walls, fences, parking, landscaping, and other development features. (Ord. 13-980)

Every person desiring a supply of water must make application to the City Clerk with forms furnished by the City. The applicant must state for what purpose and all uses to which the water is to be supplied. No different or additional use will be allowed. (Ord. 840, 9-19-2017)

A site plan shall be required prior to the issuance of a building permit, or a certificate of occupancy, if no building permit is required, for the development of any M-2 zone property which is required to comply with the special development standards as hereinabove set forth. (1960 Code)

The permitted C-1 uses shall not include, and there shall be excluded therefrom the following uses:

Any enterprise or use which produces, causes or emits any dust, gas, smoke, glare, noise, fumes, odors or vibrations or which is or may be detrimental to the safety, welfare, health, peace and morals of the city and its residents.

Any use not specifically authorized in section 9-1N-1 of this article.

Billboards and off premises advertising structures.

Material recycling plant.

Wholesale business establishments. (1960 Code; amd. Ord. 17-1026)

On property at any corner formed by intersecting streets it shall be unlawful to install, set out or maintain or to allow the installation, setting out or maintenance of any sign, hedge, shrubbery, natural growth or other obstruction to the view higher than forty inches (40") above the reference point located at:

A. The point of intersection with the prolongation of the curb lines; or in the absence of such; or

B. The point of intersection of the prolongation of the edge of the paved roadway;

within the triangular area between the curb or edge of the paved roadway lines and a diagonal line joining points on the curb or edge of paved roadway lines forty feet (40') from the point of their intersection or in the case of rounded corners, the triangular area included between the reference point and the curb line or edge of paved roadway line forty feet (40') from the point of intersection. (1960 Code)

EDGE OF ROADWAY: The average edge of the paved roadway existing in front of any parcel of property.

GUTTER: The bottom of the curb at the juncture of the curb and gutter. (1960 Code)

A. The director of housing and neighborhood development shall take reasonable actions to notify the owners of buildings boarded as of the effective date hereof.

B. The notice shall generally inform the property owner of the enactment of the ordinance codified herein and shall notify the owner that a permit is required for the boarded building.

C. Owners of buildings boarded as of the effective date hereof shall apply for a permit no later than January 31, 1995.

D. The permit for buildings boarded as of the effective date hereof shall be processed as a new permit pursuant to the provisions of section 18.48.130 of this chapter or its successor.

E. To partially even the burden of processing applications, any owner of a building boarded as of the effective date hereof shall receive a discount of thirty percent (30%) of the fees required by section 18.48.140 of this chapter or its successor, if the owner applies for a permit prior to October 31, 1994. (Ord. 27-00 § 13, 2000: Ord. 80-94 § 2, 1994)

A. The exterior of a boarded building shall be maintained as required by relevant requirements set forth in sections 18.50.140 to 18.50.230 of this title. In particular, exterior walls and surfaces shall be properly maintained and severely weathered, peeling, or unpainted wood and damaged siding and roofing shall be replaced or repaired with similar materials and colors.

B. Doors, windows, special glass, fixtures, fittings, pipes, railings, posts, panels, boards, lumber, stones, bricks, marble, or similar materials within the interior of a boarded building shall not be salvaged except upon the issuance of a predemolition salvage permit as provided in section 18.64.070 of this title.

C. If the owner of a boarded building fails to maintain the building and its premises as required by this section and section 18.64.045 of this title, the city may take appropriate legal action to enforce such requirements. (Ord. 94-12, 2012)

A. Within the stay period, the building owner shall obtain either a boarding permit pursuant to this article or a building permit to rehabilitate the building.

B. If the owner obtains a boarding permit, the owner shall, at that time, pay all the fees required pursuant to this article.

C. If the owner obtains a building permit for rehabilitation, the owner shall not be required to pay the boarding application fee but shall pay, instead, the appropriate building permit fees. (Ord. 80-94 § 2, 1994)

A. If, within the time specified in the notice and order, the property owner fails to comply with the notice and order by taking out a permit to board the building pursuant to this article, or apply for a stay pursuant to part 2 of this article, the city may cause the property to be boarded.

B. If the director of housing and neighborhood development determines that emergency conditions exist, the city may board the building.

C. If the city boards a building, the city shall send the property owner a bill for:

1. The fees and charges for services which would otherwise have been charged for the securing of a boarding permit pursuant to section 18.48.140 of this chapter;

2. The fee shown on the Salt Lake City consolidated fee schedule to partially recover the city's costs in administering the boarding; and

3. The actual costs of the boarding incurred by the city. (Ord. 24-11, 2011)

Requests for the installation or alteration of outdoor advertising structures shall be subject to the review and approval of the planning director prior to issuance of building permits per the following standards which shall be applicable to the construction, installation and maintenance of outdoor advertising structures:

A. There shall be a minimum distance of five hundred feet (500') between outdoor advertising structures.

B. No outdoor advertising structure shall project over a public right of way.

C. All outdoor advertising structures shall observe the yard requirements of the zone in which located.

D. All outdoor advertising structures on corner lots shall maintain a distance no less than twenty five feet (25') from either intersection street right of way.

E. No outdoor advertising structure shall exceed a height of twenty six feet (26') measured from grade level of the lot upon which such structure is located to the highest part of the sign structures.

F. Illumination of outdoor advertising structures shall not interfere with traffic signals or shine directly onto residential zones.

G. No rotating, revolving or flashing lighting devices shall be made a part of any outdoor advertising structure.

H. All outdoor advertising structures shall be mounted on steel supports.

I. No outdoor advertising structure shall be so oriented that it can be read by motorists on any federal, state or county freeway.

J. Backs of single faced outdoor advertising structures shall be covered with a material approved by the city.

K. All outdoor advertising structures shall be maintained in a neat and orderly condition, with no chipped, peeling or cracked paint, no broken supporting members or broken frames, and no torn or peeling paper.

L. All utility services shall be provided underground.

M. There shall be a minimum distance of two hundred feet (200') from a residential zone to any outdoor advertising structure. (1960 Code; amd. Ord. 81-510)

A. Enclosed Uses: All uses in the C-3 zone shall be conducted wholly within an enclosed building, except for those permitted and accessory uses which the planning commission finds are customarily conducted other than in enclosed buildings. Exception: Bona fide sidewalk cafes shall be permitted based upon criteria set forth in the downtown specific plan.

B. Special Development Standards: When any lot in the C-3 zone fronts on a street, the opposite side of which is zoned for R purposes, or abuts any R zoned property, all of the following standards shall be observed in the construction and maintenance of buildings, structures and uses to be located thereon:

1. Lighting: All outdoor lighting shall be constructed, operated and maintained so as to eliminate any interference with, or nuisance to such adjacent R zoned properties; and

3. Loading Docks, Storage, Etc.: Loading docks, loading areas, surface areas, outdoor storage or sales area, when permitted, and all trash, rubbish, or garbage receptacles or containers, which are located in a direct line of vision from any portion of adjacent R zoned properties, shall be enclosed or screened or be separated from such R zoned properties by a view obscuring fence or wall, not less than six feet (6') in height, measured from the finished grade of the C-3 lot. No outdoor storage shall be permitted to extend above the height of such fence or wall.

5. Mechanical Devices: All mechanical heating, air conditioning, refrigeration or similar devices, maintained and operated on the exterior of buildings located in the C-3 zone, shall be enclosed, and shall be designed, installed, operated and maintained in such a manner as to eliminate unsightliness, noise, smoke, dust, etc., which would otherwise cause an interference with adjacent R zoned properties.

6. Change In Grade: Where it is contemplated to change the grade or elevation of such C-3 zoned properties, in excess of three feet (3') vertically, those portions of the property abutting R zoned properties, a grading plan therefor shall be submitted to the city engineer, in order to obtain a grading permit, and shall show fencing, landscaping, barricades, retaining walls, and other protective devices, designed to protect abutting R zoned properties.

7. Commercial Or Manufacturing Unit: No commercial or manufacturing unit shall contain less than seven hundred fifty (750) square feet of floor area. (1960 Code; amd. Ord. 88-631; Ord. 02-870)

Each water meter shall be tested by the City and shall be found to be correct and properly adjusted before being installed. (Ord. 627, 7-20-1989)

A. Right Of Entry: The superintendent and other duly authorized employees of the city shall have the following right of entry:

1. Carry out all inspection, surveillance and monitoring procedures necessary to determine, independent of information supplied by industrial users, compliance or noncompliance with applicable pretreatment standards and requirements by industrial users. Representatives of the POTW shall be authorized to enter any premises of any industrial user in which a discharge source or treatment system is located or in which records are required to be kept under CFR 403.12(o) to assure compliance with pretreatment standards. Such authority shall be at least as extensive as the authority provided under section 308 of the act.

2. Identify and locate all possible industrial users which might be subject to the POTW pretreatment program. Any complication, index or inventory of industrial users made under this paragraph shall be made available to the regional administrator or director upon request.

3. Identify the character and volume of pollutants contributed to the POTW by the industrial users identified under subsection A2 of this section. This information shall be made available to the regional administrator or director upon request.

4. Randomly sample and analyze the effluent from industrial users and conduct surveillance activities in order to identify, independent of information supplied by industrial users, occasional and continuing noncompliance with pretreatment standards. Inspect and sample the effluent from each significant industrial user at least once a year.

5. Investigate instances of noncompliance with pretreatment standards and requirements, as indicated in the reports and notices required under CFR 403.12, or indicated by analysis, inspection, and surveillance activities described in subsection A1 of this section.

6. Require: a) the development of a compliance schedule by each industrial user for the installation of technology required to meet applicable pretreatment standards and requirements and b) the submission of all notices and self-monitoring reports from industrial users as are necessary to assess and assure compliance by industrial users with pretreatment standards and requirements, including, but not limited to, the reports required in CFR 403.12.

7. Any industrial user or POTW subject to the reporting requirements established in CFR 403.12(o) (including documentation associated with best management practices) shall be required to retain for a minimum of three (3) years any records of monitoring activities and results (whether or not such monitoring activities are required by this section) and shall make such records available for inspection and copying by the director and the regional administrator (and POTW in the case of an industrial user). This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or POTW or when requested by the director or the regional administrator.

B. Confidential Information: The superintendent or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.

C. Safety: While performing the necessary work on private properties referred to in subsection A of this section, the superintendent or duly authorized employees of the city 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 city employee, and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in subsection 23-45F of this chapter.

D. Use Of Easements: The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city 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 wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. 539, § 1-4, 8-18-1983; Ord. 793, 1-4-2011)

The board shall determine for each user or user class the average daily volume of wastewater discharged to the wastewater system, which shall then be divided by the average daily volume of all wastewater discharged to the wastewater system to determine such user's volume contribution percentage. The amount used as the total averaged daily volume of wastewater shall exclude infiltration and inflow. The board shall determine for each user or user class the average daily poundage of five (5) day, twenty degree centigrade (20°C) biochemical oxygen demand (BOD) discharged to the wastewater system which shall then be divided by the average daily poundage of all five (5) day BOD discharged to the wastewater system to determine such user's BOD contribution percentage.

The board shall determine for each user or user class the average daily total suspended solids (TSS) poundage discharged to the wastewater system which shall then be divided by the average daily poundage of all TSS discharged to the wastewater system, to determine such user's TSS contribution percentage and TSS contribution percentage for each user or user class shall be multiplied by the annual operation and maintenance costs for wastewater treatment of the total volume flow, total five (5) day, twenty degree centigrade (20°C) BOD and total TSS, respectively. (Ord. 538, § 3, 8-18-1983)

(1) Who May Obtain A License. No person shall conduct or operate a carnival or circus in the village unless proof is first provided that the circus or carnival is being held for the benefit of a school, charity, religious, civic or municipal organization. Approval of a license for a circus or carnival may be granted by the corporate authorities pursuant to this code and 65 Illinois Compiled Statutes 5/11-54.1-3.

(2) Sideshows And Concessions. Sideshows and concessions shall be separately licensed and the fee shall be as prescribed in appendix D of this code. (1986 Code)

(1) Permit Required. It shall be unlawful to engage in the business of moving or raising buildings in the village without having first obtained a permit therefor.

(2) Bond. Each building mover or raiser shall file a bond before moving or raising any building in the village, that shall protect and insure the village against loss or damage to its property and to save the village harmless from any loss, damage or liability resulting from the moving or raising of any building or the conduct of business of such mover or raiser in the sum of one million dollars ($1,000,000.00) with sureties to be approved by the village manager.

(3) Permits. Building movers or raisers shall file with the village clerk applications for, and shall secure the necessary permit for raising any building or moving any building on or over any public street, sidewalk, alley, or other public place. Applications must be filed at least fourteen (14) days prior to the proposed move.

(4) Fees. The permit fee for moving any building over any public street, alley, sidewalk, or other public way shall be as prescribed in appendix D to this code. (1986 Code)

(1) Registration Required. No person shall engage in the business of heating, air conditioning, or refrigeration contracting without having first obtained a certificate of registration therefor as herein required. Applications for such certificates shall be made to the village clerk.

(2) Fee. The annual fee for registering as a heating, air conditioning, or refrigeration contractor shall be as presented in appendix D of this code.

(3) Definitions.

AIR CONDITIONING SYSTEM. Any air conditioning unit designed to cool the atmosphere of any building or rooms therein, which unit has a rated heat removal capacity in excess of twenty thousand (20,000) BTU per hour; and also any unit, regardless of size or rating, that is installed in such manner that it projects from a building where pedestrian traffic will pass below it.

HEATING, AIR CONDITIONING, AND REFRIGERATION CONTRACTOR.

(a) Any person engaged in the business of installing, altering, or servicing, heating, air conditioning, or refrigeration systems;

(b) Any private nongovernmental utility if such utility installs heating, air conditioning, or refrigeration systems.

The term "heating, air conditioning, and refrigeration contractor" does not include:

(a) Any private or municipally owned public utility that supplies fuel and services and repairs heating or air conditioning appliances or equipment in connection with or as part of their business of supplying the fuel used in such appliances or equipment; or

(b) Any liquefied petroleum gas dealer; or

(c) Any electrical contractor registered or licensed as such under the provisions of this code.

HEATING SYSTEMS. Any heating unit intended to warm the atmosphere of any building or rooms therein.

REFRIGERATING SYSTEM. Any refrigerating unit other than an "air conditioning system" as defined in this section, which is used as an aid to any commercial enterprise but does not include a refrigerating unit used for family household purposes.

(4) Regulations. In order to provide for the safe design, construction, installation, alteration, inspection, and maintenance of heating, air conditioning, or refrigeration systems specified in this section, each license holder must conform and adhere to all of the specifications and restrictions relating to such installations as set forth in appendix C of this code.

(5) Out of Town Contractors. Out of town contractors shall obtain permits according to the following provisions: (1986 Code)

(a) Any heating, air conditioning, or refrigeration contractor who is registered as such in any other municipality of this state shall not be required to register or to pay a registration fee in this village. Every person registered in any other city or village in the state shall produce for inspection by the community development director or his/her designate his certificate issued by such other city or village before doing business in this village. (1986 Code; amd. Ord. 99-960, 1-25-1999)

(b) If any contractor does not have a current permit from any other municipality, he must obtain one before doing any work in this village. (1986 Code)

The chief of police shall have power to appoint from the police department such inspectors as he may deem necessary for the enforcement of the provisions of this chapter. (1986 Code)

Application for a certificate of registration shall be made upon a form provided by the chief of police of the village of Northfield and filed with the chief. The applicant shall truthfully state in full the information requested on the application:

(1) Name and address of present place of residence and length of residence at such address, business address if other than residence address, and social security number;

(2) Name and address of the person, firm, corporation or association by whom the applicant is employed or represents, and the length of time of such employment or representation;

(3) Period of time for which the certificate applies;

(4) Statement as to whether applicant or any member of the solicitation team has ever been convicted of the commission of a felony under the laws of the state of Illinois or any other state or federal law. (Ord. 05-1249, 7-19-2005)

Design, construction and aesthetic standards for all new gasoline service stations shall be subject to the review and approval of the Architectural Commission, in addition to requiring a special use permit granted by the Corporate Authorities, following a joint public hearing before the Plan Commission and Zoning Commission. (1986 Code)

Application for a newspaper vending machine(s) shall be made upon a form provided by the community development director or his/her designate of the village and filed with such community development director or his/her designate. The applicant shall truthfully state in full the information requested on the application: (Ord. 482, 10-28-1986; amd. Ord. 99-960, 1-25-1999)

(1) Name and address of present place of residence.

(2) Specific location of proposed newspaper vending machine(s).

(3) As an express condition of the acceptance of such permit, the permittee thereby agrees to indemnify and save harmless the village officers, directors, and employees against any loss or liability of damage, including expenses and costs for bodily or personal injury, and for property damage sustained by any person as the result of the installation, use or maintenance of a newspaper vending machine(s) within the village.

(4) Every applicant for a permit for a newspaper vending machine(s) which will be located on a public right of way shall file with the village a copy of liability insurance covering all damage or injury that might be caused by the newspaper vending machine(s), issued by an insurance company authorized to do business in the state. The limits of liability shall be not less than one million dollars ($1,000,000.00) for property damage and personal injuries. The village, its officers, agents, and employees shall be named as additional parties insured. Such policy shall be maintained in force throughout the life of the permit. If at any time the policy shall not be in full force, the permit shall become null and void.

(5) Application shall be signed by the applicant. (Ord. 482, 10-28-1986)

(6) Also such additional information as the community development director or his/her designate may deem necessary to process the application. (Ord. 482, 10-28-1986; amd. Ord. 99-960, 1-25-1999)

Permits shall be issued for the installation of a newspaper vending machine(s) without prior inspection of the location of such newspaper vending machine(s) and the installation, use or maintenance thereof shall be conditioned solely upon observance of the provisions of this ordinance. (Ord. 482, 10-28-1986)

A. Applications are available from the Office of the Chief of Police and must include the following information:

(1) The name and address of the organization making application, including the type of organization as defined in subsections 11-102A and B of this division.

(2) The location in which the chances for the raffle will be sold.

(3) The time span in which the chances will be sold for such a raffle.

(4) The time and place where the drawing will be held.

(5) The amount the player pays or agrees to pay for a chance (the maximum amount must be stated).

(6) The retail value of all prizes awarded for such raffle.

(7) The retail value of the single most valuable prize.

(8) The name and address of the presiding officer of the organization and the name and address of the manager or operator of the raffle.

(9) A sworn statement attesting to the not for profit character of the prospective licensee organization, signed by the presiding officer and the secretary of that organization. (Ord. 90-627, 4-23-1990)

A. Information. A person seeking issuance of a permit pursuant to this division shall file an application with the village manager at least seventy two (72) hours before the desired production date. The application shall state: (Ord. 91-689, 8-26-1991; amd. Ord. 03-1167, 8-19-2003)

(1) The title of the production to be filmed or taped;

(2) The name, address and phone number of the applicant production company;

(3) The name and phone number of the producer and the director;

(4) The name, phone number and address of the location coordinator and the name and phone number of the Illinois Film Office representative for the production;

(5) The type of production;

(6) The production schedule;

(7) The proposed location(s) of production;

(8) A general description of the script or content of the production, as well as a description of any proposed special effects for the production;

(9) The anticipated need of the Village personnel, equipment and/or property;

(10) An agreement to indemnify and hold harmless the Village and its Corporate Authorities, officers, officials, boards, commissions, employees, attorneys, agents and representatives from and against any loss, damage, expense, claims, costs of every nature and kind arising out of or in connection with any filming or taping, or by reason of issuance of any permit, or the use of public property, or the assistance of the Village personnel; and

(11) Any other information which the Village Manager shall find reasonably necessary to determine whether permit should issue hereunder.

B. Certificate Of Insurance. The applicant shall attach to such application a certificate of insurance, naming the Village and its Corporate Authorities, officers, officials, boards, commissions, employees, attorneys, agents and representatives as additional insureds, in the amount of ten million dollars ($10,000,000.00) general liability, including bodily injury, property damages and automobile liability. Such certificate shall include the following language:

The Village of Northfield, its Corporate Authorities, officers, officials, boards, commissions, employees, attorneys, agents and representatives are made additional insureds with respect to any and all claims which arise out of, or are in any way related to, the operations of [the film maker] while present in the Village of Northfield.

The applicant shall also attach to such application proof that the appropriate worker's compensation and employer's liability insurance have been provided for the employees of the filming company. (Ord. 91-689, 8-26-1991)

The Village Manager may, on written recommendation of the Village Attorney, reduce the insurance requirement to not less than two million dollars ($2,000,000.00) if the applicant can demonstrate that the production will not, under any reasonable set of circumstances, expose the Village to potential liability in excess of the reduced amount and that providing of ten million dollars ($10,000,000.00) of insurance will impose such a hardship that it will prevent the activity from occurring. (Ord. 99-960, 1-25-1999; amd. Ord. 18-1734, 12-4-2018)

C. Report On Discussions With Property Owners In The Affected Neighborhoods. The applicant shall provide a short written description of and schedule for the proposed production of the owners and residents of each property in the affected neighborhood (as defined by boundaries set by the Village Manager). The applicant shall talk with owners and residents of all such property and submit as part of the application a report noting any owner or resident's reaction along with the addresses and phone numbers of all such property owners and residents.

D. Vehicles And Equipment. The applicant must submit a report listing the number of vehicles and types of equipment to be used during the production including their proposed parking locations. Such locations are subject to the specific approval of the Village Manager in order to maintain traffic safety.

E. Effect Of Permit. A permittee shall fully comply with all applicable ordinances as if the same were fully set forth in such permit.

F. Time Period Of Permit. The authorization granted pursuant to and in accordance with the application shall be for a specific time period to be determined by the Village. (Ord. 91-689, 8-26-1991)

(1) The chief of police or his designate shall administer the licensing of firearms dealers and shall approve or deny all applications for licenses or permits and revoke existing licenses and permits pursuant to this division.

(2) The chief of police may promulgate reasonable rules, definitions and regulations necessary to carry out the duties imposed by this division; including, but not limited to, developing reasonable procedures consistent with existing practices of licensing persons engaged in the business of dealing in firearms, and including seeking the assistance of other law enforcement agencies advisable to conduct investigations or inspections in connection with this division. (Ord. 95-831, 2-27-1995)

The annual registration permit fee for each massage establishment shall be as established in the annual fee ordinance and shall be paid as required in appendix D, article I of this Code. (Ord. 11-1479, 2-15-2011)

The sewerage department shall be administered by the director of public works whose duties are stated in chapter 3 of this code. The director of public works, or his/her designee is hereby authorized to enforce the provisions of this article. (Ord. 99-959, 1-25-1999)

The village shall have the authority to enter upon any property at any reasonable hour to test for and determine the source of any outflow of sewerage. (Ord. 89-613, 11-28-1989)

No connection shall be made to the village's sewerage system until application has been made to the department of community development and building in the name of the licensed plumber who proposes to do the work, a bond for ten thousand dollars ($10,000.00) furnished, all fees paid to the village as required by appendix D of this code and a permit issued.

A sewer pipe connection from a sewer into an applicant's premises shall be made entirely at the applicant's expense. (Ord. 99-959, 1-25-1999)

Any restaurant or nonresidential establishment with a kitchen shall be required to have an outside grease trap. Grease, oil and sand interceptors shall be provided when, in the opinion of the village engineer 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 such 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 engineer and easily accessible for cleaning and inspection.

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. 89-613, 11-28-1989)

(1) The chief of police shall be assisted in the duties of administering the department by a deputy chief of police. The deputy chief of police shall be appointed by the chief of police from among those officers of the department having at least five (5) years of experience with the department.

(2) If the chief of police is of the opinion that there are no officers within the department who are qualified to hold the office of deputy chief of police, then the chief shall notify the village manager, in writing, of such circumstances. The chief of police and the village manager shall then seek to otherwise fill the office as may be permitted by law.

(3) The deputy chief of police shall be subject to removal or suspension by the chief of police, who shall promptly report such removal or suspension and the reasons therefor to the village manager. If the deputy chief of police held a rank within the police department prior to assuming the office of deputy chief of police, he or she may not be removed or suspended from said rank except according to the law governing such removal or suspension.

(4) The deputy chief of police shall have such duties as may be assigned to the chief of police. (Ord. 99-992, 9-27-1999)

The fire rescue chief shall be subject to removal or suspension by the village manager, who shall promptly report any such removal or suspension, and the reasons therefor, to the corporate authorities. (Ord. 99-993, 9-27-1999)

The bureau of fire prevention shall investigate the cause, origin and circumstances of every fire occurring in the village involving loss of life or injury to person or damage to property. To the extent possible, the fire prevention bureau shall determine whether the fire is a result of negligence or design. Such investigation shall be commenced immediately upon the occurrence of such a fire. If it appears that the fire is of suspicious origin, the fire rescue chief shall be notified immediately; the fire rescue chief shall take charge of the physical evidence, notify the director of public safety of the investigation of such matters and cooperate with another duly authorized investigation and prosecution of the case. (1986 Code; amd. Ord. 99-993, 9-27-1999)

It shall be the duty of the health officer to execute and enforce all statutes, all ordinances of the village, and all rules and regulations related to the health of residents of Northfield. He shall take such action as is necessary for the determination of the status of and the promotion and improvement of the public health, not inconsistent with the state statutes, and ordinances, rules and regulations. The health officer shall accept appointment as a registrar as provided by state statute and shall execute the duties required by that statute. He shall also collect and keep records pertaining to environmental sanitation matters related to the public health. (1986 Code)

Any person may request and obtain from the City a certified copy of a bond upon payment of the cost of reproduction of the bond and postage, if any. A certified copy of a bond shall be prima facie evidence of the contents, execution, and delivery of the original. (Ord. 17-14)

Except as provided in this article, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, seepage pit or other facility intended or used for the disposal of sewage. (Ord. 309 Art. 3, § 3, 1975)

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the superintendent. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within forty eight (48) hours, Sundays and holidays excluded, of the receipt of the notice by the superintendent. (Ord. 309 Art. 4, § 3, 1975)

A. The minimum size of a building sewer shall be four inches (4") in diameter.

B. The minimum slope of a building sewer shall be one and one-quarter feet (1¹/₄') per one hundred feet (100') (1.25 percent slope).

C. Not more than one hundred eighty (180) fixture units shall be connected to a four inch (4") diameter building or side sewer. (Ord. 309 Art. 5, § 3, 1915)

A. The requirements of sections 13.08.170 and 13.08.175 of this division shall be fully complied with before any final subdivision map is approved by the council. The final subdivision map shall provide for the dedication for public use of streets, easements or rights of way in which public sewer lines are to be constructed.

B. If a final subdivision map of a tract is recorded and the work of constructing sewers to serve the tract is not completed within the time limit allowed in the permit, the council may extend the time limit or may complete the work and take appropriate steps to enforce the provisions of the bond furnished by the subdivider. (Ord. 309 Art. 6, § 3, 1975)

The use of the public sewers of the city shall be in accordance with the following regulations:

A. No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.

B. Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the city. Industrial cooling water or unpolluted process waters may be discharged, on approval of the city, to a storm sewer or natural outlet.

C. 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, including but not limited to cyanides in excess of two milligrams per liter (2 mg/l) as CN in the wastes as discharged to the public sewer;

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;

4. Solid or viscous substances in quantities or of such size capable of causing obstructions to 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, etc., either whole or ground by garbage grinders;

D. 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 city 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, property or constitute a nuisance. In forming its opinion as to the acceptability of these wastes, the city will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials or 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 other pertinent factors. The substances prohibited are:

1. Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit (150°F) or sixty five degrees Celsius (65°C);

2. Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred milligrams per liter (100 mg/l) or containing substances which may solidify or become viscous at temperatures between thirty two (32) and one hundred fifty degrees Fahrenheit (150°F) or zero degrees (0°) and sixty five degrees Celsius (65°C);

3. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (³/₄) horsepower or greater shall be subject to the review and approval of the city;

4. Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not;

5. Any water or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting any 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 city for such materials;

6. Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the city 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 city in compliance with applicable state or federal regulations;

8. Any water or wastes having a pH in excess of 9.5;

9. Materials which exert or cause:

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,

d. Unusual volume of flow or concentration of wastes constituting "slugs," defined as 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 fifteen (15) minutes more than five (5) times the average twenty four (24) hour concentration or flows during normal operation;

10. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment process employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

E. 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 subsection D of this section, and which in the judgment of the city, 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 city may:

1. Reject the wastes;

2. Require pretreatment to an acceptable condition for discharge to the public sewers;

3. Require control over the quantities and rates of discharge; and/or

4. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of section 13.08.370 of this article. If the city 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 city and subject to the requirements of all applicable codes, ordinances and laws.

F. Grease, oil and sand interceptors shall be provided when, in the opinion of the city, 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 such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the city, and shall be located as to be readily and easily accessible for cleaning and inspection.

G. Where preliminary treatment or flow equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

H. When required by the city, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the city. 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.

I. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article 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 suitable samples taken at said 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 and property.

J. No statement contained in this article shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor, by the industrial concern.

K. Any property owner, or sewer user violating the provisions of this section shall upon notice by the city immediately install such preliminary treatment through separators, traps and/or chemical, physical or biochemical processes as will make and assure that the sewage contributed from such property or premises will meet the requirements of this article. (Ord. 309 Art. 7, § 3, 1975)

Pollutant	Daily Maximum Concentration (mg/l) Prior To Surcharge (If Applicable)	Range Of Surcharge Concentration (mg/l)	Absolute Ceiling Limit
Ammonia	23	23 - 90	90
Arsenic	0.24	n/a	0.24
BOD₅	188	188 - 650	650
Barium	5.00	n/a	5.00
COD	565	565 - 1700	1700
Cadmium	0.04	n/a	0.04
Chromium (hexavalent)	0.22 (grab)	n/a	0.22
Chromium (total)