A. Nuisance Declared: Any weed such as jimson, burdock, ragweed, thistle, cocklebur or other weeds of a like kind found growing in any lot or tract of land in the City, are declared to be a nuisance, and it is unlawful to permit any such weeds to grow or remain in any such place.
B. Height: It shall be unlawful to permit any weeds, grass or plants, other than trees, bushes, flowers, or other ornamental plants to grow to a height in excess of eight inches (8") anywhere in the City; any such plants or weeds exceeding such height are declared to be a nuisance.
C. Barberry Bushes Prohibited: It is a nuisance and unlawful to plant or permit the growth of the bush of the species of tall, common or european barberry, further known as Barberis vulgaris or its horticultural varieties within the City.
D. Abatement Notice - Service: It shall be the duty of the code enforcement officer to serve or cause to be served a notice upon the owner or occupant of any premises in which weeds or plants are permitted to grow in violation of the provisions of this Section, such notice to contain mention of the provisions of this Section and to demand the abatement of said nuisance within five (5) days.
E. Abatement: If the person so served does not abate the nuisance within said five (5) days, the code enforcement officer shall through the City Public Works Department, proceed to abate such nuisance. The code enforcement officer or the Public Works Department shall keep an account of the expense of the abatement at the rate for such work established on a yearly basis by the Public Works Department, a minimum charge of representing two (2) hours of such work, and the expense shall be charged and paid by such owner or occupant.
F. Lien For Unpaid Charges: Charges for the abatement of said nuisance under this Section shall be a lien upon the premises. Whenever a bill for such charges remains unpaid for more than thirty (30) days, after it has been rendered, the City Clerk may file with the Recorder of Deeds of Kane County a statement of lien claims. The statement shall obtain a legal description of the premises, the expenses and costs incurred and the date the nuisance was abated, and the notice that the City claims a lien for such account. Notice of such lien claim shall be mailed to the owner of the premises if his address is known; provided, however that failure of the Clerk to record such lien claim or to mail such notice, or the failure of the owner to receive such notice, shall not affect the right to foreclose the lien for such charges as provided in the following subsection.
G. Foreclosure Of Lien:
1. Property subject to a lien for unpaid expenses for the abatement of a nuisance shall be sold for nonpayment of same and the proceeds of such sale shall be applied to pay the charges after deducting costs, as in the case in the foreclosure of statutory liens. Such foreclosure shall be maintained in the name of the city.
2. The city attorney is authorized and directed to institute such proceedings, in the name of the city and any court having jurisdiction over such matter, against any property for which such bill has remained unpaid sixty (60) days after it has been rendered. (Ord. 95-87, 10-16-1995)