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Canton Overview
Canton, IL Code of Ordinances
CITY CODE of CANTON, ILLINOIS
ORDINANCES PENDING REVIEW FOR CODIFICATION
ADOPTING ORDINANCE
TITLE 1 ADMINISTRATION
TITLE 2 BOARDS AND COMMISSIONS
TITLE 3 BUSINESS REGULATIONS
TITLE 4 BUILDING REGULATIONS
TITLE 5 FIRE REGULATIONS
TITLE 6 POLICE REGULATIONS
TITLE 7 HEALTH AND SANITATION
CHAPTER 1 NUISANCES
7-1-1: NUISANCES:
7-1-1-1: DEFINITION, PROHIBITION:
7-1-1-2: NONSUMMARY ABATEMENT, NOTICE:
7-1-1-3: NONSUMMARY ABATEMENT:
7-1-1-4: SUMMARY ABATEMENT:
7-1-2: NOISES PROHIBITED:
7-1-3: CONTROLLED SUBSTANCES AND CANNABIS:
7-1-3-1: POSSESSION OF CANNABIS:
7-1-3-2: SELLING, ETC., CONTROLLED SUBSTANCES, ABATEMENT:
7-1-3-3: FILING COMPLAINT FOR INJUNCTION, PROCEDURE; LESSEE TO BE PARTY DEFENDANT:
7-1-3-4: EVIDENCE, HEARING, DISMISSAL, COSTS:
7-1-3-5: INTERROGATORIES, REFUSAL TO ANSWER, CONTEMPT:
7-1-3-6: JUDGMENT:
7-1-3-7: PROCEEDS FROM SALE OF PROPERTY, DISPOSITION:
7-1-3-8: PROSECUTION FOR VIOLATION OF INJUNCTION OR ABATEMENT ORDER:
7-1-3-9: RELEASE OF PREMISES:
7-1-3-10: FINE AND COSTS TO BE LIEN AGAINST PROPERTY:
7-1-3-11: LEASES, VOID AT OPTION OF LESSOR:
7-1-3-12: APPLICATION OF SECTION:
7-1-3-13: PENALTY:
7-1-4: DRUG PARAPHERNALIA CONTROL:
7-1-4-1: POSSESSION OF DRUG PARAPHERNALIA:
7-1-4-2: SALE OR DELIVERY; PUBLIC NUISANCE:
7-1-4-3: EXEMPT ITEMS, DETERMINATION:
7-1-4-4: FORFEITURE AND SEIZURE OF PROPERTY:
7-1-4-5: LEGISLATIVE INTENT, INFERENCE OF LEGITIMACY:
7-1-4-6: PENALTY:
7-1-5: SEARCH WARRANTS; CODE ENFORCEMENT:
7-1-5-1: ISSUANCE OF SEARCH WARRANT:
7-1-5-2: APPLICATION FOR SEARCH WARRANT:
7-1-5-3: APPLICATION TO MUNICIPAL CODE:
7-1-6: WEEDS AND TALL GRASS:
7-1-6-1: DEFINITION, WEEDS:
7-1-6-2: ENFORCEMENT OF CHAPTER:
7-1-6-3: NOTICE TO ABATE WEEDS AND LITTER FROM LOTS WITH OCCUPIED STRUCTURES:
7-1-6-4: NOTICE TO ABATE WEEDS AND LITTER ON VACANT LOTS AND ON LOTS WITH UNOCCUPIED STRUCTURES:
7-1-6-5: LIEN AND PERSONAL JUDGMENT:
7-1-6-6: PENALTY:
CHAPTER 2 HEALTH REGULATIONS
CHAPTER 3 GARBAGE DISPOSAL SYSTEM
CHAPTER 4 WATER WELLS
TITLE 8 PUBLIC WAYS AND PROPERTY
TITLE 9 TRAFFIC REGULATIONS
TITLE 10 ZONING REGULATIONS
TITLE 11 SUBDIVISION REGULATIONS
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7-1-6-3: NOTICE TO ABATE WEEDS AND LITTER FROM LOTS WITH OCCUPIED STRUCTURES:
Notice to abate a violation of weeds and litter on lots with occupied structures shall be given by personal service, by certified mail which is addressed to the residence or usual place of business of the owner or person in control of the property, or by posting a sign regarding the violation on the premises of the property in violation. Personal service may also be obtained through delivery of the complaint by a city employee or any person authorized by law to make personal service.
The city may give notice to abate a violation by posting a sign in a conspicuous place near the main entrance of a structure. The posted sign shall be at least fourteen inches (14") in height and eight inches (8") in width and at the top thereof in large letters shall state the words, "Notice to Abate". The text of the notice shall contain a reference to the provision of this code violated and may contain such other information respecting the nature of the violation as is deemed advisable. It shall be unlawful for anyone to deface, tamper with or remove the "notice to abate" sign from the property where it is posted unless authorized by the code enforcement officer.
If the notice to abate sent by certified mail is returned to the city by the United States post office because of its inability to make delivery thereof, the city is authorized to cut the weeds or remove the litter.
Upon the failure of the owner or persons in control to comply with a notice to cut weeds or remove litter from lots with occupied structures within five (5) days from the date of the service of the notice to abate by personal service, certified mail or posting, the designated officials shall cut any weeds or remove any litter located thereon. (Ord. 1358, 7-21-1992)
7-1-6-4: NOTICE TO ABATE WEEDS AND LITTER ON VACANT LOTS AND ON LOTS WITH UNOCCUPIED STRUCTURES:
The city shall cause to be published in a newspaper of general circulation within the city limits once a week for two (2) consecutive weeks during the spring and summer months of each year a notice informing all owners and persons in control of any vacant lot or any lot with an unoccupied structure that the growth of weeds and the existence of litter on any such lot is contrary to the ordinances of the city. The notice shall further inform the public that should the weeds ever grow to more than eight inches (8") in height, or should litter accumulate, the city may cut the weeds or remove the litter located thereon without further notice and the owner or person in control shall be liable to the city for its costs. This notice shall be a display advertisement. (Ord. 1358, 7-21-1992)
7-1-6-5: LIEN AND PERSONAL JUDGMENT:
The cost of cutting the weeds and the removal of litter from private property shall be recoverable from the owner or person in control of the real estate and is a lien thereon. The per hour per person cost of such labor will be a minimum of two hundred dollars ($200.00) and any rate greater than two hundred dollars ($200.00) per hour per person must be established by the city council on a yearly basis. The lien shall be superior to all prior existing liens and encumbrances, except taxes; provided, however, that within ninety (90) days after completion of the cutting of the weeds, or the removal and disposal of the litter, the city attorney shall file a notice of lien for the cost incurred by the city in the office of land records of Fulton County. Upon payment of the cost, the lien shall be released by the city. (Ord. 1358, 7-21-1992; amd. Ord. 1935, 6-17-2008; Ord. 2002, 6-15-2010)
The lien may be enforced by proceedings to foreclose as in case of mortgages or mechanics' liens. Suit to foreclose this lien shall be commenced by the city attorney within three (3) years after the date of filing of notice of lien.
If the city's costs for cutting weeds or removal of the litter are not paid, the city attorney may commence proceedings in the circuit court seeking a personal judgment from the owner or person in control of the subject property. The action authorized by this section shall be in addition to, and without waiver of, any other remedies. (Ord. 1358, 7-21-1992)
7-1-6-6: PENALTY:
Violations of this chapter shall be governed by title 1, chapter 27, "General Penalty", of this code and the fee schedule that is adopted by city council from time to time. (Ord. 4034, 7-19-2016)