8.12.240: NUISANCE CONDITIONS:
It is hereby declared to be unlawful and a nuisance for any owner, operator, resident/occupant or lienholder(s) of record of any building, structure, dwelling or property within the limits of the village or within one-half (1/2) mile of the village limits to violate any of the following provisions:
   A.   General Condition Of Premises: The owner, occupant/resident or operator of any building, structure, dwelling or property within the village shall maintain the exterior portions thereof in a safe, sanitary condition, clear and free from any accumulation of rubbish, garbage, building materials, litter, junk, abandoned or inoperative vehicle or parts thereof, or similar materials.
   B.   Litter: It shall be unlawful to leave, throw, scatter or accumulate rubbish, wastepaper, foodstuff containers, advertising matter, refuse, sweepings or materials of like substance upon any premises.
   C.   Motor Vehicles:
      1.   Storage Of Inoperable Vehicles: Inoperable motor vehicles or parts thereof shall not be stored in open view on any premises not licensed as an authorized auto wrecking yard. No vehicle shall be permitted to remain in a state of major disassembly, stripped and/or dismantled, except when confined within a closed garage.
      2.   Parking Vehicles On Private Property: Motor vehicles and/or trailers shall be parked on improved surfaces in all zoning districts and shall not block public sidewalks or drives. No unregistered motor vehicle shall be parked on any property in a residential zoning district. At no time shall any motor vehicle undergo major bodywork in a residential zoning district.
      3.   Improved Surfaces: Improved surfaces in districts zoned agriculture (AG), estate (E), suburban estate (SE), suburban residential (SR), single-family residential (R-1), single-family residential (R-2), single-family residential (R-3A) and two- family residential (R-3A) shall include, at a minimum:
         a.   Two inches (2") of class 1 bituminous paved surface on six inches (6") of compacted CA 6 grade 9 gravel base.
         b.   Four inches (4") of six (6) bag mix concrete with no. 10 six inch by six inch (6" x 6") steel mesh on four inches (4") of compacted CA 6 grade 9 gravel base.
         c.   Concrete paver blocks or grid per manufacturers' recommendation on one and one-half inches (11/2") of bedding sand underlaid by six inches (6") of compacted CA 6 grade 9 gravel base.
         d.   Eight inches (8") of compacted CA 6 grade 9 gravel.
         e.   Eight inches (8") of compacted, well graded, ground asphalt or concrete.
         f.   Grasspave2 porous paving system (by Invisible Structures, Inc.) pursuant to the manufacturers' recommendation on six inches (6") of compacted sandy gravel base.
         g.   Other hard or dust free paved surfaces approved by the building commissioner.
Improved surfaces do not include any grass areas (other than Grasspave2 as listed above) unless approved by the building commissioner.
      4.   Minimum Inclusion: Improved surfaces in districts zoned multiple-family residential (R-3C), multiple-family residential (R-3D), business district 1 (B1), commercial service (CS), office research (O-1) and limited industrial (LI) shall include, at a minimum, asphalt, concrete and paver brick.
   D.   Downspout/Gutter/Sump Pump Discharge Flow: All gutters and downspouts shall be securely and finely fastened to the building, structure or dwelling and shall be free of debris. Gutter, downspout and sump pump discharges shall be retained upon the premises and, when possible, be directed away from adjacent properties. The discharges from gutters, downspouts and sump pumps may also be directed into approved swales or drainage structures.
   E.   Graffiti: The owner/operator/resident of the premises shall be responsible for the removal of any and all "graffiti" placed upon any building, structure, dwelling, garage, driveway or walkway on the premises.
   F.   Vacant Properties; Structures: All vacant properties and vacant buildings, structures and dwellings shall be maintained in a clean, litter free, safe and sanitary condition. Vacant buildings, structures and dwellings shall be properly boarded up and made secure.
   G.   Debris Accumulation: The interior or exterior areas of buildings, structures, dwellings and dwelling units, including basements, attics and other storage areas, and the surrounding premises and accessory buildings associated therewith, shall be maintained free of any debris, object, material or condition which does or may create a hazard to the health or safety of persons, and that which is conducive to vermin infestation, presents a fire hazard or constitutes a deteriorating influence on the neighborhood. "Vermin" shall be defined as various small animals or insects including, but not limited to, rats, mice, cockroaches, bedbugs, and fleas, that are destructive, annoying, or injurious to health.
   H.   Trash:
      1.   Responsibility Of Owner Or Resident:
         a.   It shall be unlawful for any owner/operator/resident to permit accumulations of filth, garbage, trash, broken glass, refuse or debris to exist on the premises.
         b.   Every owner, operator, resident shall package garbage for pick up in such a manner as to ensure no debris is windblown. Packaging needs to be done in conformity with the village yard waste and composing regulations, if any.
      2.   Abatement By Village: In addition to any provision listed herein, when the owner or person in control of any plot of ground fails after receiving reasonable notice to abate this nuisance, the village or its designee shall provide for the removal of said garbage or debris, and the village, under its authority in so doing, shall charge 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 removal or by instituting an appropriate action at law.
      3.   Lien Procedure:
         a.   Notice Of Lien:
            (1)   If the village provides for the removal of said garbage or debris, a notice of the cost, expenses and interest thereof incurred by said village shall be recorded in the following manner:
               (A)   The village may file notice of lien in the office of the recorder of deeds of Lake County, Illinois.
               (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 such cost and expense were incurred by the municipality.
            (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.
         b.   Release Of Lien: Upon payment of all the costs and expenses after the notice of lien has been filed, the lien shall be released by the village, 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.
         c.   Foreclosure Of Lien: The lien may be enforced by proceedings to foreclose as in case of mortgages or mechanics' liens. An action to foreclose this lien shall be commenced within two (2) years after the date of filing notice of lien.
   I.   Water Accumulation: It shall be unlawful for any owner/operator/resident to:
      1.   Permit the existence of depressions, excavations or any other conditions on the premises wherein water may accumulate. This shall not include village approved detention ponds, retention ponds, or drainage swales.
      2.   Permit stagnant water susceptible to promulgation of mosquitoes or other noxious insects therein to exist on the premises. (Ord. 2009-O-01 §§ 4, 5: Ord. 2004-O-27 § 3: Ord. 2004-O-05 § 3)