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NUISANCES GENERALLY
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHRONIC NUISANCE PROPERTY. Property upon which three or more events of nuisance activities have occurred within a one-month period.
CONTROL. The ability or authority to regulate, restrain, dominate, counteract or govern conduct that occurs on that property.
INOPERABLE MOTOR VEHICLE. Any motor vehicle which for a period of seven days cannot be driven upon public streets for any reason including, but not limited to, being unlicensed, in a state of disrepair or dismantled or from which the engine, wheels or other parts have been removed, altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power, excluding the following: a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations; a motor vehicle that is kept within a building when not in use; operable historic vehicles over 25 years of age; and a motor vehicle on the premises of a place of authorized business engaged in the repair, wrecking or junking of motor vehicles.
NOXIOUS WEEDS. Canada thistles, and all of its varieties, perennial sow thistles, European bindweed, leafy spurge, Russian knapweed, Johnson grass, giant foxtail, hoary cress and ragweed.
NUISANCE or NUISANCE ACTIVITY. The doing of an unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist as defined or prohibited herein, which act, omission, condition or thing either: injures or threatens the health, morals, safety, comfort, convenience, or welfare of members of the community; offends decency; is offensive to the senses; unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage; in any way renders other persons insecure in life or the use of property; interferes with the comfortable enjoyment of life and property; or tends to depreciate the value of the property of others.
NUISANCE PROPERTY. Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinary fire hazard in the vicinity where it is located.
OWNER. Any person, partnership, land trust or corporation having any legal or equitable interest in or control of property. OWNER includes, but is not limited to:
(1) A mortgagee in possession in who is vested with all or part of the legal title to the property or, all or part of the beneficial ownership and the rights to the present use and enjoyment of the premises;
(2) An occupant who can control what occurs on the property;
(3) Any person acting as an agent of an owner; and
(4) Taxpayer of record as shown on the county tax rolls.
PERMIT. To suffer, allow, consent to and acquiesce by failure to prevent, or expressly assent or agree to the doing of an act.
PERSON. Any natural person, association, partnership, corporation, trusts or other entity capable of owning, occupying or using property in the city.
PERSON IN CHARGE. Any person in actual or constructive possession of a property, including but not limited to, an owner, occupant of property under his or her ownership or control.
PROPERTY. Any real property, including land and that which is affixed, incidental or pertinent to land, including but not limited to, any premises, room, house, building or structure, or any separate part or portion thereof, whether permitted or not.
PUBLIC WAY. All streets, alleys, sidewalks, boulevards, public parking lots and other public rights-of-way.
(Ord. 1988, passed 9 27 1965; Ord. 2017-005, passed 2-27-2017)
It shall be unlawful for any person to cause, permit, maintain or allow the creation, existence or maintenance of a nuisance, a nuisance activity or nuisance property as set forth in this chapter or any other chapter of the city’s code of ordinances.
(Ord. 2017-005, passed 2-27-2017) Penalty, see § 10.99
(A) Notice to abate. Whenever a nuisance is found to exist within the city or within the city’s extraterritorial jurisdiction, a duly designated officer or employee of the city shall give written notice to the owner or occupant of the property upon which such nuisance exists or upon the person causing or maintaining the nuisance.
(B) Recurring nuisance. Only one notice shall be required to be provided during any calendar year for a particular category of nuisance violation, and additional notice beyond the initial notice shall not be required if the same type of nuisance recurs on the property during that calendar year (a “recurring nuisance violation”). Recurring nuisance violations shall be subject to immediate abatement and/or fines without additional notice to the violator, the owner of the property or the occupant thereof.
(C) Contents of notice. Notice to abate shall contain:
(1) The location of the nuisance, if the same is stationary;
(2) A description of what constitutes the nuisance or reference to the applicable code provisions; and
(3) A statement that the nuisance shall be corrected within 72 hours.
(D) Service of notice. The notice to abate a nuisance shall be served by either certified mail with return receipt or first class mail, postage prepaid, addressed to the owner or occupant of premises or person responsible for nuisance as indicated in city records, property tax records or records of the county recorder of deeds. Notice shall also be posted at the location of the nuisance. Notwithstanding the above, notice may be provided by any manner in which legal process may be served pursuant to law.
(Ord. 2017-005, passed 2-27-2017)
(A) Failure to comply. Any failure to comply with a notice or failure to abate a nuisance shall result in the issuance of a citation which may include fines and penalties.
(B) Abatement by the city.
(1) In addition to any other methods provided by law, whenever any nuisance exists or is found on any premises within the city after proper notice to abate, city officials are authorized to cause the same to be summarily abated in such manner as he or she directs and at the expense of the party permitting or maintaining the nuisance.
(2) Any building, structure or appurtenances thereto, which is not constructed or kept in a sanitary condition, or in conformity with the requirements of this code or any other ordinances of the city, is deemed a nuisance and that nuisance may be abated in the manner herein, elsewhere or by law provided.
(Ord. 2017-005, passed 2-27-2017) Penalty, see § 10.99
(A) Upon the failure of the person upon whom notice to abate a nuisance was served pursuant to the provisions of this section to abate the same, a duly designated officer or employee of the city shall proceed to abate such nuisance pursuant to 65 ILCS 5/11-60-2 and 65 ILCS 5-11-20 et seq. He or she shall prepare a statement of costs incurred in the abatement thereof.
(B) Any and all costs incurred by the city in the abatement of a nuisance under the provisions of this subchapter shall constitute a lien against the property upon which such nuisance existed, which lien shall be filed, proven and collected pursuant to 65 ILCS 5/11-20-15 or as provided for by law. Notice of such lien shall be to all persons from the time of its recording, and shall bear interest at the legal rate thereafter until satisfied.
(Ord. 2017-005, passed 2-27-2017)
(A) Upon payment of the cost and expense by the owner of, or other persons interested in such real estate after notice of such lien has been filed, the lien shall be released by the city to the person paying such costs and expense, or otherwise filed of record as in the case of filing notice of lien.
(B) The lien hereinabove provided for shall be enforced in the manner now provided by law for the enforcement of mechanics liens.
(Prior Code, § 95.06) (Ord. 1988, passed 1-28-1946; Ord. 2017-005, passed 2-27-2017)
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