A. Offensive Smells: Any business or premises which emits or causes the emission of offensive odors which taint the air, render it unwholesome or make the air unsafe to the surrounding environment is hereby declared to be a nuisance and shall be unlawful for any person to permit any such nuisance to remain or exist upon any property under his control.
B. Debris, Litter And Yard Waste:
1. Prohibited Generally: It shall be a nuisance and, therefore, unlawful for any person to permit any debris, litter or yard waste to scatter, accumulate or remain on any property under his control or on any public street, building or ground or throw or deposit any litter, debris or yard waste on any public or private property within the Village. "Debris and/or litter", as herein defined, shall mean garbage, trash, junk, animal droppings or other substances which may attract rodents and vermin and may contain infectious germs or may endanger the health and safety of Village residents. "Yard waste", as herein defined, shall mean accumulations of grass or shrubbery cuttings, leaves, tree limbs and other materials accumulated as the result of the maintenance of lawns, shrubbery, vines and trees.
The provisions of this subsection B1 shall not be applicable to compostable materials properly placed in a compost pile in conformance with section 4-4-6 of this title.
2. Shopping Center Debris:
a. Accumulation Of Litter Prohibited: It shall be deemed a nuisance and, therefore, unlawful for the owner or managing agent of a shopping center or for any tenant or lessee thereof to allow, suffer, cause or permit debris, litter or garbage to scatter, accumulate or otherwise remain on property located within the shopping center or on public or private property located within three hundred feet (300') of the property line of the shopping center.
b. Primary Responsibility; Rebuttal: The provisions of this subsection B2 shall be applicable to shopping centers or their tenants irrespective of whether or not the accumulation or scattering of litter or debris is caused by a third party invitee or customer of said shopping center. The presumption of primary liability and responsibility on the shopping center or any tenant thereof may be rebutted by the presentation of sufficient evidence with respect to the shopping center or tenant having in place an effective cleanup or exterior litter maintenance program which must include the employment of individuals on a daily, part time basis for the specific purpose of eliminating litter or debris on the shopping center premises and on public or private property located within three hundred feet (300') thereof.
c. Penalty: Any person violating any of the provisions of this subsection B2 shall be subject to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense.
3. Notice To Remove: It shall be the duty of the Health Officer or his designated agent to serve or cause to be served a notice upon the owner, lessee or occupant, or any agent, servant, representative or employee of any such owner, lessee or occupant, of any premises on which debris, litter and yard waste is permitted to scatter or accumulate in violation of the provisions of this chapter and to demand the abatement of the nuisance within ten (10) days from the date thereof. Said notice shall advise the violator that a failure to abate the nuisance within the designated time period will result in the Village abating the nuisances and placing a lien on the affected property.
4. Abatement By Village; Costs: If the person so served does not abate the nuisance within ten (10) days, the Health Officer may proceed to abate such nuisance, keeping an account of the expense of the abatement, and such expense shall be charged to and paid by such owner or occupant. Notice of the bill for debris, litter and yard waste removal shall be mailed to the owner of the premises and shall be payable within ten (10) days from receipt thereof.
5. Debris, Litter And Yard Waste Lien:
a. Lien Claim: Charges for the removal of litter, debris and yard waste shall be a lien upon the premises as provided by statute. Within sixty (60) days after such cost and expense is incurred and remains unpaid, the village clerk is authorized to file notice of lien in the office of the recorder of deeds in the county in which such real estate is located. The notice shall consist of a sworn statement setting out:
(1) A description of the real estate sufficient for identification thereof;
(2) The amount of money representing the cost and expense incurred or payable for the service; and
(3) The date or dates when such cost and expense was incurred by the village.
The failure of the clerk to record such lien claim or to mail such notice or the failure of the owner to receive such notice shall not affect the right to foreclose the lien for unpaid bills for the removal of litter, debris and yard waste as provided for in the following subsection.
b. Foreclosure Of Lien: Property subject to a lien for unpaid removal of litter, debris and yard waste shall be sold for nonpayment of the same, and the proceeds of such sale shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be by bill in equity in the name of the village.
The attorney for the village is hereby authorized and directed to institute such proceedings, in the name of the village, in any court having jurisdiction over such matters against any property for which a bill for the removal of litter, debris and yard waste has remained unpaid sixty (60) days after it has been rendered.
C. Pollution: It shall be a nuisance and, therefore, unlawful for any person to cause to be polluted the atmosphere, any waterway, stream, lake, pond, storm sewer or ground so as to render unsanitary, unsafe or dangerous to the health and well being of any person or animal, fish or fowl coming in contact with said polluted air, water or ground within the village.
"Polluted", as used herein, shall mean the presence of one or more contaminants in sufficient quantities of such characteristics and duration as to be injurious to human, plant or animal life, to health or to property or to unreasonably interfere with enjoyment of life or property.
D. Stagnant Water:
1. Definition: The term "stagnant water" or "standing water" shall mean any accumulation of water including, but not limited to, ponds, drainage ditches, basins or low surface level areas in which water is likely to accumulate and not drain freely, which stagnant or standing water is likely to enhance or promote the breeding of mosquitoes or other annoying insects or which is generally unhealthy or unsafe.
2. Nuisance Declared: It is hereby declared a nuisance to permit standing or stagnant water to remain upon any property located within the village.
3. Abatement; Interference Prohibited: The village manager is directed to abate such nuisance by any means deemed necessary so as to prevent the breeding of mosquitoes and other annoying insects. The village manager is further directed to contact the northwest mosquito abatement district or any other such agency to effectuate the provisions of this subsection.
It shall be unlawful for any person to prevent, obstruct or prohibit the village, the village manager or any agent of the village from abating such nuisance in the manner provided herein.
E. Dangerous Premises: It shall be unlawful to permit any building, structure or place to remain in such a condition as to be dangerous to the public health in any way. Any such structure, building or place is hereby declared to be a nuisance.
F. Dangerous Acts Prohibited: It shall be unlawful to commit or do any act which endangers the public health or results in annoyance or discomfort to the public.
G. Cemeteries And Burials: It shall be unlawful for any person to establish a cemetery or to bury any person within the village limits or within a mile thereof except in an established cemetery.
H. Dense Smoke: It shall be unlawful to cause or permit the emission of dense smoke from any fire, chimney, engine, oil burner or any other agency in the village so as to cause annoyance or discomfort to the residents thereof.
I. Burning Restrictions: It shall be unlawful for any person to burn any leaves, paper, rubbish or other substances upon any private property or upon any public streets, sidewalks or other public areas in the village.
J. Feeding Of Wildlife: It shall be unlawful for any person to knowingly or intentionally place or leave food of any kind outdoors or in a container placed outdoors in such a manner as to create offensive odors or for the purpose of feeding wildlife or to become an attractant to rodents, nuisance birds, wild animals, vermin or insects. Elevated bird feeders are allowed as long as all feed is placed in a container or feeder designed for the specific purpose of feeding birds.
K. Rain Barrels: It is hereby declared a nuisance to locate or permit a rain barrel to be located within the front yard area of any property. Rain barrels shall be constructed and maintained to prevent the breeding of mosquitoes and other insects which commonly breed in stagnant water.
L. Foreclosed Properties:
1. Prohibited Generally: It shall be unlawful for any person, lender, or owner to permit any foreclosed property to become a nuisance as defined in this section and section 4-2-1 of this chapter.
2. Notice To Remove: It shall be the duty of the director or his designated agent to serve or cause to be served a notice upon the owner or lender or any agent, servant, representative or employee of any owner, lessee or occupant of any foreclosed property on which a nuisance exists, that they are in violation of the provisions of this chapter and to demand the abatement of the nuisance within seven (7) days from the date thereof. Said notice shall advise the violator that a failure to abate the nuisance within the designated time period will result in the village abating the nuisance(s) and placing a lien on the affected property.
3. Abatement By Village; Lien; Penalties; Administrative Fee:
a. Abatement; Lien: If the person or lender so served does not abate the nuisance within seven (7) days, the village may proceed to abate such nuisance, keeping an account of the expense of the abatement, and such expense shall be charged to and be paid by such owner or occupant. Notice of the bill for abatement of a nuisance shall be mailed to the owner or occupant of the foreclosed property and shall be payable within ten (10) days from the date of mailing. Any unpaid expenses shall constitute a lien on the subject premises and the village attorney is authorized to file notice of lien and process same in the manner established for the processing of weed cutting liens as set forth in section 4-5-5 of this title.
b. Penalties; Administrative Fee: In addition to being subject to such penalties as set forth in section 4-2-4 of this chapter, any person or lender violating the provisions of this subsection shall be subject to the payment of an administrative fee for services including monitoring, inspections, correspondence, lien preparation and such other expenses incurred by the village, which administrative fees are as follows:
(1) First time offense: Fifty dollars ($50.00).
(2) Second offense within the same calendar year: One hundred fifty dollars ($150.00).
(3) Third offense within the same calendar year: Two hundred fifty dollars ($250.00).
(4) Fourth and/or additional offenses within the same calendar year: Five hundred dollars ($500.00) for each such offense. (Ord. 3205, 5-12-2009)
(1961 Code §§ 16.305, 16.306, 16.307, 16.312; amd. Ord. 1078, 7-13-1976; Ord. 1411, 10-14-1980; Ord. 1878, 3-24-1987; Ord. 2063, 9-12-1989; Ord. 2121, 8-14-1990; 1992 Code; Ord. 2581, 8-12-1997; Ord. 2873, 1-8-2002; Ord. 3205, 5-12-2009; Ord. 3435, 10-13-2015; Ord. 3595, 2-26-2019)
Cross-reference:
See section 4-4-3 of this title