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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)
§ 90.99 PENALTY.
   (A)   (1)   Any person, firm, or corporation violating § 90.03 or any of the provisions therewith shall be fined in a sum not less than $5 nor more than $50 for each offense, and each day or fraction of a day that § 90.03 is violated shall constitute and be considered separate and distinct offenses.
      (2)   Provided, that the offender shall in every case under § 90.03 be notified by some officer of the village to remove or abate the nuisance and shall be allowed a reasonable time, to be fixed by the officer in the notice, according to the nature of the nuisance, to so remove and abate the same and upon so doing within the time fixed by the officer, the offender shall not be subject to the fine aforesaid, unless the commission of the nuisance was willful or resulted in the actual damage to the person or property of some person or corporation.
(Ord. 12, passed 10-2-1950; Am. Ord. 2009-04, passed 3-10-2009)
   (B)   Any person who shall be convicted of violating §§ 90.15 through 90.21 shall be fined not less than $25 nor more than $750 for each offense.
   (C)   Any person who violates the provisions of §§ 90.30 through 90.32 shall be fined in an amount not less than $50 nor more than $750 for each such violation, with each day on which any violation exists constituting a separate and independent violation.
(Ord. passed 5-3-1983; Am. Ord. 2007-19, passed 8-28-2007; Am. Ord. 2009-04, passed 3-10-2009)