ORDINANCE NO. 1153-2024

WHEREAS, the corporate authorities of municipalities are empowered by 65 ILCS 5/11-20-5 to do all acts and make all regulations which may be necessary or expedient for the promotion of health and suppression of diseases; and,

WHEREAS, the corporate authorities of municipalities are further empowered by 65 ILCS 5/11-60-2 to define, prevent and abate nuisances; and,

WHEREAS, the corporate authorities of municipalities are authorized pursuant to 65 ILCS 5/11-20-13 and 65 ILCS 5/11-19-5 to remove junk, garbage and debris from private property and may regulate the method of disposal thereof, and may, when the owner, after reasonable notice, refuses or neglects to remove such garbage or debris, to attach a lien on said private property for the costs thereof; and,

WHEREAS, the corporate authorities of municipalities are authorized pursuant to 65 ILCS 5/11-42-9 and 65 ILCS 5/11-42-10 to prohibit, locate, and regulate any offensive or unwholesome business or establishment, and may compel the cleansing, abatement, or removal of such unwholesome or nauseous house or place; and,

WHEREAS, the corporate authorities of municipalities are authorized pursuant to 65 ILCS 5/11-31-1, et. seq. to demolish, repair, or enclose dangerous and unsafe buildings and may remove garbage, debris, and other hazardous, noxious, or unhealthy substances or materials and attach a lien for the costs thereof; and,

WHEREAS, the Village of Dieterich, Illinois, currently exercises its authority to regulate the nuisances within the corporate limits of the Village of Dieterich pursuant to Chapter 1 of Title 4 of the Village Code of Dieterich, Illinois; and,

WHEREAS, after careful consideration, it has been determined by the Village Board of Trustees of the Village of Dieterich, Illinois, that it would be in the best interest of the citizens of the Village of Dieterich, Illinois, that certain amendments be made to said to Chapter 1 of Title 4 of the Village Code of Dieterich, Illinois, as previously amended from time to time, as provided for herein; and,

WHEREAS, the corporate authorities of the Village of Dieterich, Illinois, deem it necessary to enact the following Ordinance in order to protect the health, safety, and welfare of the public.

NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF DIETERICH, ILLINOIS, THAT:

Section 1: The findings made in the prefatory portion of this Ordinance are hereby adopted.

Section 2: The definitions for the terms “Inoperable Motor Vehicle” and “Motor Vehicle”, as contained in Section 4-1-2 of the Village Code of Dieterich, shall be amended as follows:

"INOPERABLE MOTOR VEHICLE: Any Motor Vehicle which, for a period of at least seven (7) days, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power. The term “Inoperable Motor Vehicle” shall also mean any motor vehicle which lacks current, legal registration. The term “Inoperable Motor Vehicle” shall not include 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.

MOTOR VEHICLE: Any vehicle which is self-propelled and designed to travel along the ground and shall include, but not be limited to, automobiles, buses, motor bikes, motorcycles, motor scooters, trucks, go carts, golf carts, recreational off-highway vehicle as that term is defined in Section 1-168.8 of the Illinois Vehicle Code, All-terrain vehicle, as defined in 625 ILCS 5/1-101.8 including any four-wheeler or three wheeler, recreational vehicles (RV), campers, lawnmowers, trailers, construction equipment and heavy machinery.”

Section 3: Section 4-1-2 of the Village Code of Dieterich, is hereby amended by adding the following definition:

“UNLICENSED VEHICLE: Any motor vehicle, or other vehicle or watercraft requiring a license or registration, that does not have a current registration, or does not have a current renewal sticker or license, or does not have a license plate affixed to the vehicle in the manner required by law.”

Section 4: Section 4-1-3-7 of the Village Code of Dieterich, is hereby repealed and replaced by the following:

“4-1-3-7: INOPERABLE MOTOR VEHICLES OR UNLICENSED VEHICLES: An Inoperable Motor Vehicle or Unlicensed Vehicle, whether on public or private property, are hereby declared a nuisance and the same shall not be allowed to remain in excess of ten (10) days following the issuance of a notice to abate as stated in Section 4-7-7 of this Chapter. The Village may proceed pursuant to this Chapter or pursuant to 65 ILCS 5/11-40-3 to enforce this Section.”

Section 5: Except as specifically modified by this Ordinance, the remaining provisions Chapter 1 of Title 4 of the Village Code of Dieterich, Illinois, shall remain in full force and effect.

Section 6: This Ordinance shall be in full force and effect from and after its passage and approval and may be published in pamphlet form as required by law.

Section 7: In the event that a court of competent jurisdiction finds that any provision of this Ordinance is invalid, then the remaining provisions of this Ordinance shall remain in full force and effect.

Placed on file this ________ day of ____________________, 2024.

Presented, passed and approved this ________ day of ____________________, 2024.

Carrie Galbraith _________

Bill Lane _________

Pamela Hartke _________

Frederick Bray _________

Jeff White _________

Matt Flowers _________

AYES: _________

NAYS: _________

VILLAGE OF DIETERICH, ILLINOIS

___________________________________ Brad Hardiek, President

ATTEST:

____________________________________

Brittny Gipson, Village Clerk

STATE OF ILLINOIS )

) SS.

COUNTY OF EFFINGHAM )

CERTIFICATE

I, Brittny Gipson, certify that I am the duly appointed and acting municipal clerk of the Village of Dieterich, Effingham County, Illinois.

I further certify that on , 2024, the corporate authorities of such municipality passed and approved Ordinance No. entitled "An Ordinance Amending Chapter 1 of Title 4 of the Village Code of Dieterich, Illinois (Nuisance Regulations)," which provided by its terms that it should be published in pamphlet form.

The pamphlet form of Ordinance No. , including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on , 2024 and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk.

Dated at Dieterich, Illinois, this day of , 2024.

(SEAL)

____________________________________

Brittny Gipson, Village Clerk

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

Back to Code Library

Previous Doc

Next Doc