CHAPTER 25 - NUISANCES
By Marilyn A. Herbeck
Apr 7, 2005, 08:09

CHAPTER 25

NUISANCES

ARTICLE I - GENERALLY


25-1-1 NUISANCES PROHIBITED GENERALLY. It shall be unlawful to commit or do any act which endangers the public health, safety or welfare or results in annoyance or discomfort to the public.


25-1-2 NUISANCES ENUMERATED.
(A) Obstructing or Polluting of Water. It shall be unlawful and a nuisance for any person to obstruct or pollute any watercourse or source of water supply in the City.
(B) Stagnant Pools of Water. Any stagnant pool of water in the City is hereby declared to be a nuisance. It shall be unlawful for any person to permit such nuisance to remain or exist on any property under his control.
(C) Uncovered Refuse. It shall be unlawful for any person to deposit anywhere in the City, except at a place designated by the City Council for that purpose, uncovered piles of cans, refuse, garbage, offal or carcasses of dead animals. Any pile of uncovered refuse is hereby declared to be a nuisance.
(D) Dangerous Buildings. It shall be unlawful to permit any building, structure or place to remain in such a condition as to be dangerous to the public health, safety or welfare in any way. Any such structure, building or place is hereby declared to be a nuisance. (See Chapter 6 of this Code)


25-1-3 ABATEMENT OF NUISANCES. The Chief of Police or his designated representative is hereby authorized to abate any nuisance existing in the City, whether such nuisance is one specifically recognized by ordinance or not. Upon any thing being established as a nuisance, either by special or general ordinance, notice shall be sent to the owner or occupant of the premises on which the nuisance occurs or to the person responsible for the creation or maintenance of the nuisance or to all such parties. Such notice shall state the facts which amount to a nuisance and shall direct that it be abated within a reasonable time, not be less than five (5) days. If such notice is not complied with, the nuisance shall be abated by the Chief of Police of the City. Nothing in this Article shall be construed as limiting or restricting the City’s power to abate any nuisance without notice where immediate danger to the public health or safety is threatened.
ARTICLE II - WEEDS


25-2-1 DEFINITIONS. "Weeds" as used in this Code shall include, but not be limited to the following:
Burdock, Rag Weed (giant), Rag Weed (Common), Thistle, Cocklebur, Jimson, Blue Vervain, Common Milk Weed, Wild Carrot, Poison Ivy, Wild Mustard, Rough Pigweed, Lambsquarter, Wild Lettuce, Curled Dock, Smartweeds (all varieties), Poison Hemlock, Wild Hemp and Johnson Grass and all other noxious weeds.


25-2-2 HEIGHT. It shall be unlawful for anyone to permit any weeds, grass, or plants, other than trees, bushes, flowers or other ornamental plants to grow to a height exceeding eight (8) inches anywhere in the City. Any such plants or weeds exceeding such height are hereby declared to be a nuisance.


25-2-3 NOTICE. The Police Department or any other person so designated by the Mayor may issue a written notice for removal of weeds or grass. Such weeds or grass shall be cut by the owner or occupant within five (5) days after such Notice has been duly served. If such grass or weeds are not taken care of after such notification, a citation will be issued. (Ord. No. 1176; 01-08-01)


25-2-4 SERVICE OF NOTICE. Service of the notice provided for herein may be effected by handing the same to the owner, occupant or lessee of the premises, or to any member of his household of the age of fifteen (15) years or older found on the premises or by mailing such notice by certified letter with return receipt to the last known residence address of the owner; provided, that if the premises are unoccupied and the owner's address cannot be obtained, then the notice may be served by posting the same upon the premises.


25-2-5 ABATEMENT. If the person so served does not abate the nuisance within five (5) days, the Police Chief may proceed to abate such nuisance, keeping an account of the expense of the abatement, and such expense shall be charged and paid by such owner or occupant. (Ord. No. 1151; 06-28-99)


25-2-6 LIEN. Charges for such weed removal shall be a lien upon the premises. A bill representing the cost and expense incurred or payable for the service shall be presented to the owner. If this bill is not paid within thirty (30) days of submission of the bill, a notice of lien of the cost and expenses thereof incurred by the City shall be recorded in the following manner:
 (A) A description of the real estate sufficient for identification thereof.
(B) The amount of money representing the cost and expense incurred or payable for the service.
(C) The date or dates when said cost and expense was incurred by the City and shall be filed within sixty (60) days after the cost and expense is incurred.
(D) All penalties, attorney’s fees and other fees that may apply.


25-2-7 PAYMENT. Notice of such lien claim shall be mailed to the owner of the premises if his address is known. Upon payment of the cost and expense after notice of lien has been filed, the lien shall be released by the City or person in whose name the lien has been filed and the release shall be filed of record in the same manner as filing notice of the lien. All lien and release filing fees shall be paid by the owner of the property.


25-2-8 FORECLOSURE OF LIEN. Property subject to a lien for unpaid weed cutting charges shall be sold for non-payment of the same and the proceeds of such sale shall be applied to pay the charges after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be in the name of the City after the lien is in effect for sixty (60) days.

(See 65 ILCS Secs. 5/11-20-6 and 5/11-20-7)
ARTICLE III - GARBAGE AND DEBRIS


25-3-1 ACCUMULATION PROHIBITED. No person shall permit any garbage or trash to accumulate on their premises or private property. It is hereby declared to be a nuisance and it shall be unlawful for the owner or occupant of real estate to refuse or neglect to remove the garbage or debris.


25-3-2 NOTICE TO PERSON. The Chief of Police or his designated representative may issue a written notice for removal of garbage or debris. Such garbage or debris shall be removed by the owner or occupant within twenty-four (24) hours after such notice has been duly served. (Ord. No. 1151; 06-28-99)


25-3-3 SERVICE OF NOTICE. Service of notice provided for herein may be effected by handing of the same to the owner, occupant, or lessee of the premises, or to any member of his household of the age of fifteen (15) years or older found on the premises or by mailing such notice by certified letter with return receipt to the last known residence address of the owner; provided that if the premises are unoccupied and the owner’s address cannot be obtained, then the notice may be served by posting the same upon the premises.


25-3-4 ABATEMENT. If the person so served does not abate the nuisance within twenty-four (24) hours, the Police Chief or the designated representative may proceed to abate such nuisance, keeping an account of the expense of the abatement and such expense shall be charged and paid by such owner or occupant. (Ord. No. 1151; 06-28-99)


25-3-5 LIEN. Charges for such removal shall be a lien upon the premises. A bill representing the cost and expense incurred or payable for the service shall be presented to the owner. If this bill is not paid within thirty (30) days of submission of the bill, a notice of lien of the cost and expenses thereof incurred by the City shall be recorded in the following manner:
(A) A description of the real estate sufficient for identification thereof.
(B) The amount of money representing the cost and expense incurred or payable for the service.
(C) The date or dates when said cost and expense was incurred by the City and shall be filed within sixty (60) days after the cost and expense is incurred.
 25-3-6 PAYMENT. Notice of such lien claim shall be mailed to the owner of the premises if his address is known. Upon payment of the cost and expense after notice of lien has been filed, the lien shall be released by the City or person in whose name the lien has been filed and the release shall be filed of record in the same manner as filing notice of the lien.


25-3-7 FORECLOSURE OF LIEN. Property subject to a lien for unpaid charges shall be sold non-payment of the same, and the proceeds of such sale shall be applied to pay the charges after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be in the name of the City, after lien is in effect for sixty (60) days. Suit to foreclose this lien shall be commenced within two (2) years after the date of filing notice of lien.

(See 65 ILCS Sec. 5/11-20-13)
ARTICLE IV - INOPERABLE MOTOR VEHICLE


25-4-1 STORING, PARKING OR ABANDONING WRECKED, INOPERABLE, OR UNLICENSED VEHICLES; EXCEPTIONS. No person shall park, store, leave or permit the parking, storing or leaving of any motor vehicle of any kind which is in an abandoned, wrecked, dismantled, unlicensed, inoperative, rusted, junked or partially dismantled condition, whether attended or not, upon any public or private property within the City for a period of time in excess of seventy-two (72) hours. The presence of an abandoned, wrecked, dismantled, unlicensed, inoperative, rusted, junked or partially dismantled vehicle, or parts thereof, on private or public property is hereby declared a public nuisance which may be abated as such in accordance with the provisions of this Chapter. This Section shall not apply to any vehicle enclosed within a building on private property, or to a motor vehicle on the premises of a place of business engaged in wrecking or junking of motor vehicles, or to any motor vehicle in operable condition specifically adapted or designed for operation on drag strips or raceways. (Ord. No. 1064; 03-27-95)


25-4-2 DECLARATION OF NUISANCE. All inoperable motor vehicles, whether on public or private property in view of the general public, are hereby declared to be a nuisance.


25-4-3 NOTICE TO OWNER. The Police Chief shall notify the owner of the motor vehicle, informing him that he shall dispose of any inoperable vehicles under his control. If the owner fails to dispose of said inoperable vehicle(s) after five (5) days from the issuance of the notice, the Police Chief may authorize a towing service to remove and take possession of the inoperable vehicle or parts thereof. (Ord. No. 1151; 06-28-99)


25-4-4 EXCLUSIONS. Nothing in this Article shall apply to any motor vehicle that is kept within a building when not in use, to operable historic vehicles over twenty-five (25) years of age, or to a motor vehicle on the premises of a licensed business engaged in the wrecking or junking of motor vehicles. Historic vehicles shall not need to be licensed, but shall be operable and not look bad.

(See 65 ILCS Sec. 5/11-40-3)



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