The village shall enforce any violations as follows.
(A) Notice to abate. It shall be the duty of the village, its duly appointed representative, the County Sheriff’s Department, or a Sheriff’s deputy, to serve or cause to be served a notice upon the owner or occupant of any premises on which public nuisance exists in violation of the provisions of this chapter, and to demand the abatement of the nuisance within 15 calendar days of the notice. Alternatively, a written notice can be sent by certified mail, return receipt requested, or by personal or substitute service. Proof of mailing shall be prima facie evidence of receipt of notice.
(B) Abatement by village.
(1) If the person so served does not abate the nuisance within seven calendar days, they shall be subject to a fine of no less than $50 and no more than $350 plus court costs. A separate offense shall be deemed committed each day a violation occurs or continues.
(2) 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 paid by such owner or occupant.
(3) The village shall have the right to take such legal steps to collect amounts owed for the abatement of illegal weeds and/or grass as it deems necessary, including, but not limited to, the procedure set forth herein. All costs and fees for this abatement incurred by the village shall be the responsibility of the owner or occupant.
(C) Charges for such weed or grass removal shall be a lien upon the premises. Whenever a bill for such charges remains unpaid for 60 calendar days after it has been rendered, the village may file a sworn statement of lien claim with the County Recorder. This statement shall contain a description of the premises sufficient to identify the parcel, the expenses, and costs incurred, the date the weeds were cut or nuisance was abated, and notice that the village claims a lien for this amount. Notice of such lien claim shall be mailed to the owner of the premises if his or her address is known. However, the failure of the village 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 such charges as provided in division (E)(7) below.
(D) Property subject to a lien for unpaid weed, grass, or plant cutting charges shall be sold for non-payment of the same, and the proceeds of such sale shall be applied to pay the charges after deducting costs and fees, as is the case in the foreclosure of statutory liens. The Village Attorney is hereby authorized and directed to institute such proceedings, in the name of the village, in any court having jurisdiction over such matter, against any property for which such bill has remained unpaid 60 days after it has been rendered.
(E) The village, its officers, and staff shall follow the following process in enforcing this subchapter.
(1) Determine whether a nuisance exists.
(2) Make a record of the nuisance by taking photos and preparing documentation including dates.
(3) Prepare notice and have it served.
(4) Re-inspect after seven calendar days from the date notice was served.
(5) Make a record of re-inspection by taking photos and preparing documentation including dates.
(6) Obtain proof of service of notice.
(7) If there is no compliance, the village may abate the nuisance and document the costs thereof and issue a fine of no less than $50 and no more than $350, plus court costs for each separate offense prior to abatement.
(8) Send itemization of costs with demand for payment to the property owner. Advise that non-payment of these costs within 60 calendar days will result in the village filing a lien on the property and possible legal action to foreclose on the lien.
(9) Sixty calendar days after abatement, if there is no payment for the costs to the village to abate nuisance, the village may record a lien.
(10) If the lien is not satisfied, after a period of time left to the Board, legal action may be authorized to foreclose on the lien.
(Ord. 2023-04, passed 4-18-2023; Ord. 24-03, passed 2-20-2024)