(A) Declaration Of Nuisance: No owner of or other person occupying any lot, place, or area within the city, including the parkway located between the sidewalk or property line and the improved and traveled portion of the public way adjacent to such lot, place, or area located within the city, shall permit any weeds, grass, unhealthful or other noxious growth (all hereinafter referred to as "weeds") other than trees, bushes, flowers, or other ornamental plants to grow to a height exceeding eight inches (8") on such lot, place, area, or parkway. Any weeds exceeding eight inches (8") in height are hereby declared to be a nuisance. (Ord. 2005, 8-4-1997)
(B) Notice To Destroy: The building official is hereby authorized and empowered to notify, or cause to be notified, in writing, or by personal service, the owner of any such parcel of real estate within the city limits to cut and destroy said weeds located upon said owner's real estate. Said notice shall be by registered mail addressed to said owner at his last known address or by personal service. (Ord. 1050, 9-15-1980)
(C) Refusal To Remove: Upon the refusal or neglect of any owners so notified to cut and destroy said weeds growing or located upon said owner's real estate within five (5) days after receipt of the written notice provided for in subsection (B) of this section or within five (5) days after the date of said notice in the event the same is returned to the city because of the inability to make delivery thereof, the building official is hereby authorized and empowered to provide for the cutting and destroying of said weeds either by employees of the city or by persons performing this service by authority of the building official. The city shall be entitled to collect the costs incurred in the cutting and destroying of said weeds from the owner or owners of said real estate. In the event employees of the city cut and destroy said weeds, the minimum charge for said action shall be forty dollars ($40.00). (Ord. 1675, 7-20-1992)
(D) Lien: The cost incurred in cutting and destroying said weeds shall be a lien upon the real estate affected and may be perfected and enforced in accordance with the provisions of 65 ILCS 5/11-20-15 or other applicable law. The notice shall consist of a sworn statement setting forth: 1) a description of the real estate sufficient for identification thereof; 2) the amount of money representing the costs and expenses incurred or payable for the service; and 3) the date or dates when such costs and expenses were incurred by the city. The person to whom the tax bill was sent for the general taxes on the property for the last preceding year shall be served a copy of the notice of lien; service is to be made personally or by certified mail. (Ord. 2005, 8-4-1997)
(E) Penalty: Any person violating any provisions of this section, in addition to the provisions for lien contained herein, shall, on conviction, be fined not less than twenty five dollars ($25.00) nor more than seven hundred fifty dollars ($750.00) for each violation. In any case in which an offense is of a continuing nature, each day such violation continues shall be deemed a separate violation and shall subject the person so violating said provisions of this section to a separate fine for each such day. (Ord. 1050, 9-15-1980; amd. 2020 Code)