A. Nuisances Enumerated: When a building, structure or dwelling or part thereof, and/or exterior property surrounding such building, structure or dwelling or any vacant/abandoned building, structure or dwelling or property is determined by the code official to be unsafe or unfit for human occupancy due to one or more of the following conditions, such building, structure, dwelling or premises, whether occupied, vacant or abandoned, shall be declared a public nuisance dangerous to the public health and safety:
1. The physical condition or use of any premises is regarded as a public nuisance at common law; or
2. Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned cars, wells, shafts, basements, excavations and unsafe fences or structures; or
3. Any premises or structures which have unsanitary sewerage or plumbing facilities; or
4. Any premises or structures designated as unsafe for human habitation or use; or
5. Any premises which are manifestly capable of being a fire hazard, or are manifestly unsafe or unsecured as to endanger life, limb or property; or
6. Any premises from which the plumbing, heating and/or facilities required by this code have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or the required precautions against trespassers have not been provided; or
7. Any premises which are unsanitary, or which are littered with rubbish or garbage, or which have an uncontrolled growth of weeds and grasses; or
8. Any premises which are unsanitary due to rat, rodent, or insect infestation; or
9. Any structure, building or dwelling that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded, open, vacant or abandoned; damaged by fire to the extent as not to provide shelter; in danger of collapse or failure and is dangerous to anyone on or near the premises.
10. The dilapidated appearance or other condition of the property materially affects the welfare, including the economic welfare, of the residents of the village, and the owner has failed to take reasonable and necessary measures to remedy the conditions.
11. All abandoned personal property and abandoned real property where the property was once used for commercial purposes is hereby declared to be a public nuisance and all abandoned commercial apparatus must be removed.
a. Commercial apparatus shall include, but is not limited to, fence and fencing material, motors, landscaping, tools, foundations, machinery, plumbing and electrical fixtures, posts, abandoned, broken, or neglected appliances, equipment and machinery, abandoned foundations or excavations, or improperly maintained or secured pools.
b. The definition of "abandoned personal or real property" shall mean any property where a village official has visited the property and determined that the property is vacant and has not been used for a period exceeding six (6) months (1 year for seasonal business use property).
c. The village shall send notice to the owner or if the property owner's identification is not readily accessible, shall send notice to the address listed with the county clerk for the payment of taxes or the address on the last known deed in the following form:
The Village of Beach Park has declared the property located at , (PIN #) abandoned and a Public Nuisance. You are hereby ordered to remove all commercial apparatus from the property within 15 days of this notice. Attached to this notice is the list of all items that must be removed from the property. If you fail to respond to this notice as ordered, the Village of Beach Park will abate this nuisance and lien the property in accordance with the Municipal Code of the Village of Beach Park and the State of Illinois.
d. In the event that action is not immediately taken to abate such nuisance and that such nuisance is not timely abated, the village shall proceed to have such violation(s) remedied/abated and the expenses thereof billed to said owner/operator/resident and/or be recoverable in a suit of law. The village shall also file a lien on said property within six (6) months of incurring abatement costs.
e. In addition to the foregoing liability and abatement provisions, any person, entity or taxpayer found guilty of violating, disobeying, or opposing the enforcement of any of the provisions of this subsection A11, upon conviction thereof, shall be fined not less than five hundred dollars ($500.00) nor more than seven hundred fifty dollars ($750.00) per violation. Each day that a violation is permitted to exist shall constitute a separate offense.
B. Weeds And Grasses:
1. Height Restrictions; Nuisance Declared.
a. It is unlawful for any person to permit any weeds, grass or plants, other than trees, bushes, flowers or other ornamental plants, to grow to a height exceeding eight inches (8") anywhere in the village; except, however, on larger undeveloped parcels, such provisions shall apply to a minimum width of twenty five feet (25') abutting a street or residence or other occupied property. Any such plants or weeds exceeding such height are declared to be a nuisance.
b. The above restriction shall apply to the parkway abutting each developed property with frontage on an improved roadway, unless the parkway contains areas of delineated wetland vegetation.
2. Abatement By Village:
a. In addition to any provision listed herein, when the owner or person in control of any plot of ground fails to cut or destroy grasses or weeds growing thereon, the village administrator or the administrator's designee shall destroy or cause to be cut such grasses or weeds, and any expense incurred by the village, or person performing the service under the village's authority in so doing, shall be a charge against the owner or other person so failing, which may be recovered on behalf of the village by recording a lien against the property for the cost of said cutting or by instituting an appropriate action at law.
b. The village has determined the minimum cost per lot to be one hundred dollars ($100.00), and in no event shall the charge per lot be less than one hundred dollars ($100.00). Any charges in excess of one hundred dollars ($100.00) shall be based on an itemized statement of the actual costs incurred by the village, unless otherwise agreed to by the property owner.
3. Lien Procedure:
a. Notice Of Lien:
(1) If weeds or grass are cut by the village or by someone directed to cut them on behalf of the village, a notice of the cost, expenses and interest thereof incurred by said village shall be recorded in the following manner:
(A) The village or the person performing the service under the village's authority, in its or his own name may, within sixty (60) days after such cost and expense is incurred file a notice of lien in the office of the Lake County recorder of deeds.
(B) The cost of filing the lien shall be paid by the owner.
(C) The notice of lien shall consist of a sworn statement setting out the following:
(i) A description of the real estate sufficient for identification thereof;
(ii) The amount of money representing the cost and expense incurred or payable for the service;
(iii) The date or dates when said cost and expense was incurred by the village or its representative; and
(2) The village clerk or designee shall cause notice of the lien to be personally served on, or sent by certified mail, to the person to whom was sent the tax bill for the general taxes on the property for the last preceding year. This notice shall be delivered or sent after the cutting of the weeds on the property. This notice shall cite the Illinois municipal code, 65 Illinois Compiled Statutes 5/11-20-7, and this section through section 8.12.250 of this chapter and identify the property by common description and the location of the weeds cut.
b. Release Of Lien: Upon payment of all costs and expenses after the notice of lien has been filed, the lien shall be released by the village, 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 said lien. The cost of filing the release shall be paid by the owner. (Ord. 2021-O-33 § 3; Ord. 2011-O-15: Ord. 2008-O-34 §§4, 5: Ord. 2004-O-05 §3)