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§ 90.21 EFFECTIVE DATE.
   This subchapter shall be in full force and effect from and after its passage, approval, and publication, as provided by law.
(Ord. passed 5-3-1983)
WEEDS AND VEGETATION
§ 90.30 EXCESSIVE GRASS AND WEED GROWTH PROHIBITED.
   (A)   The Village of Diamond hereby prohibits any person owning, occupying, using or who is otherwise responsible for the upkeep of any property within the Village of Diamond from allowing or permitting the growth of any plant species regarded or capable of classification under the laws or auspices of the State of Illinois as a nuisance species or from allowing or permitting the growth to a height in excess of 8 inches of any weeds (including but not limited to jimpson, burdock, ragweed, thistle and cocklebur), grass, plants or other vegetation on any such parcel of property, provided, however, that the prohibitions set forth herein shall not apply to:
      (1)   Trees, bushes, shrubs, flowers;
      (2)   Any intentionally cultivated agricultural vegetation;
      (3)   Any vegetation cultivated or maintained in an effort to preserve, promote and protect plant species native to Illinois;
      (4)   Any vegetation intentionally cultivated or maintained in an effort to reproduce ecosystems or environmental conditions naturally existing in the State of Illinois; or
      (5)   Any vegetation intentionally cultivated or maintained in a clearly defined and physically discrete area for landscaping, ornamental or other aesthetic purposes.
   (B)   Any such weeds or plants which are permitted to grow in violation of this subchapter are hereby declared to be a nuisance.
(Ord. 1990-6, passed 6-26-1990; Am. Ord. 2007-19, passed 8-28-2007) Penalty, see § 90.99
§ 90.31 REMOVAL; NOTICE.
   It shall be the duty of the Village Clerk to serve or cause to be served a notice on the owner or occupant of any premises on which weeds or plants are permitted to grow in violation of the provisions of this subchapter and to demand abatement of the nuisance within 5 days; provided, however, that the Village Clerk shall not be required to serve more than 1 notice to the same owner or occupant during any 1 calendar year, even for separate violations.
(Ord. 1990-6, passed 6-26-1990; Am. Ord. 2007-19, passed 8-28-2007)
§ 90.32 ABATEMENT.
   (A)   If the person so served does not abate the nuisance within 5 days, or if the village has previously served the person with a notice of violation during the same calendar year, the village may proceed to abate the nuisance. The village shall keep a record of all time spent in abating the nuisance, and the property owner or occupant shall be billed at the rate of $200 per hour for the first hour or fraction thereof, and $150 per hour for each additional hour or fraction thereof.
   (B)   Should the property owner or occupant fail to pay the charges when billed by the village, the Village Clerk shall cause a lien to be recorded on the owner’s property. The lien shall remain in force until all costs are paid in full, including any and all legal costs incurred in filing and recording the liens, and any release thereof. Notice of the lien claim shall be mailed to the owner of the premises if his or her address is known. The failure of the Village Clerk to record the lien claim or to mail the notice or the failure of the owner to receive the notice, shall not affect the right to foreclose the lien for the charges as provided in division (C).
   (C)   Property subject to a lien for unpaid weed cutting charges shall be sold for nonpayment of the same and the proceeds of the sale shall be applied to pay the charges after deducting costs as is the case in the foreclosure of statutory liens. The foreclosures shall be in equity in the name of the village. The Village Attorney is hereby authorized and directed to institute the proceedings in the name of the village, in any court having jurisdiction over the matter, against any property for which the bill has remained unpaid 60 days after it has been rendered.
(Ord. 1990-6, passed 6-26-1990; Am. Ord. 2007-19, passed 8-28-2007)
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