(a) Responsibility of Owners and Occupants for Clean-Up of Strewn Garbage, Etc. In the interest of public health and safety, the legal owner or occupant of premises shall be jointly or severally responsible for cleaning solid waste, stable matter, stagnant water, or hazardous waste from the premises, or an easement thereto.
(b) Responsibility of Owners and Occupants for Abatement of Specific Nuisances. Whenever a specific violation of this chapter or Chapter 678, Section 678.08 exists, it shall be the joint and/or several responsibility of the legal owner or occupant of the property to abate such violation.
(c) Notice of Violations. It shall be the duty of the Community & Economic Development Director, or his or her designated representative, to investigate any violation and to serve upon the owners or tenants of the property on which such violation exists, notice that the violation shall be abated within three days. A notice in at least twelve-point type, posted in a prominent location on the property, shall constitute notice of violation to the owner and/or tenant.
(d) Fine and Abatement by City. Whenever an owner or occupant of property where any aforementioned violation shall occur does not abate such violation, as provided in this chapter, in the allotted time period, the Community & Economic Development Director or the Public Works Director, or his or her designated representatives, may issue a citation and have the violation abated.
(e) Fee for Removal. Whenever the City abates any violation of this chapter occurring on the property of an owner or occupant, the City shall levy a reasonable fee for such expense, which shall be a charge against the owner for failing to abate such violation, and which may be recovered in an appropriate action of law. This reasonable fee shall be at least thirty dollars ($30.00) per labor hour, with a minimum charge of thirty dollars ($30.00), plus ten percent, in addition to any applicable penalties or remedies as provided in these Codified Ordinances.
(f) Placing of Lien for Removal Fee. In addition to all other remedies provided by law, the City may place a lien on the parcel of record where such nuisance exists, pursuant to 65 ILCS 5/11-20-13, as amended. Such lien shall be superior to all other liens or encumbrances, except tax liens and except that such lien shall not be valid as to any mortgagee, judgment creditor or other lien holder whose rights in and to such real estate exist prior to the filing of such notes.
(g) Notice of Lien. The City or person performing the service shall file a notice of lien in the office of the Stephenson County Clerk no later than one year after such expense has been incurred, which 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 were incurred by the City.
(h) Release of Lien. Upon payment of the cost and expense by the owner of, or persons interested in, such real estate, after the notice of lien has been filed, the City or person in whose name the lien has been filed shall issue a release on such lien, which may be filed of record in the County Clerk and Recorder's office.
(1977 Code §§ 30-216 to 30-218; Ord. 90-51. Passed 6-18-90; Ord. 94-52. Passed 7-18-94; Ord. 94-97. Passed 11-7-94; Ord. 98-27. Passed 6-1-98; Ord. 2002-24. Passed 5-6-02; Ord. 2012-24. Passed 4-16-12; Ord. 2017-58. Passed 7-17-17; Ord. 2020-05. Passed 2-3-20.)