531.01 Nuisance conditions declared.
531.02 Summary abatement; inspection of premises.
531.03 Abatement within 30 days; notice.
531.04 Failure to abate nuisance; action by Municipality; assessment.
531.05 Limitations.
531.06 Removal of weeds; notice; costs.
531.99 Penalty.
CROSS REFERENCES
Barricades and warning lights; abandoned excavations - see GEN. OFF. 521.03
Sidewalk obstructions; damage or injury - see GEN. OFF. 521.04
Notice to fill lots, remove putrid substances - see GEN. OFF. 521.05
Littering and deposit of garbage, rubbish, junk, etc. - see GEN. OFF. 521.08
Noxious or offensive odors - see GEN. OFF. 521.09
Destruction of shrubs, trees or crops - see GEN. OFF. 541.06
For the purposes of abating public nuisances and assessing for the cost thereof, and prescribing the conduct, whether of omission or commission, of any natural person or business operating as a proprietorship, partnership, unincorporated association or corporation, as owner or occupier of any lot of land within corporate limits of the Municipality, or of any building, house or other structure on any such lot of land, a public nuisance exists when:
(a) Dangerous Buildings. There is caused or permitted any building, house or structure to become so out of repair and dilapidated that if the condition is permitted to continue, it shall or will endanger the life, limb or property of or cause hurt, damage or injury to persons or property using or being upon the streets or public ways of the Municipality adjoining the lot of land, by reason of the collapse of the building, house or structure or by the falling of parts thereof or of objects therefrom; or
(b) Trees, Stacks, Etc. There is caused or permitted any tree, stack or other object to remain standing upon the lot of land in a condition that it shall or will, if the condition is permitted to continue, endanger the life, limb or property or cause hurt, damage or injury to persons or property upon the public streets, or public ways adjacent thereto, by the falling thereof or of parts thereof; or
(c) Excavations, Cellars. There is caused or permitted an excavation or cellar or any lot of land to be unguarded or remain in such a condition that it shall or will, if such condition is permitted to continue, endanger the life, limb or property or cause hurt, damage or injury to persons using or property being used upon the public streets or public ways adjacent thereto, by falling or being cast therein; or
(d) Accumulations of Rubbish; Vermin and Pests. There is caused or permitted the accumulation on any lot of land or in any building, house or structure, of earth, rubbish, paper or other materials which shall or will, if the condition is permitted to continue, attract and propagate vermin or insects endangering the public health; or
(e) Fire Hazard Buildings. There is caused or permitted any building, house or structure to become so out of repair and dilapidated that it constitutes a fire hazard liable to catch on fire or communicate fire because of its condition and lack of repair; or
(f) Accumulations Constituting Fire Hazards. There is caused or permitted the accumulation of any lot of land or in any building, house or structure, of rubbish or other materials in an amount and in a condition that the same constitutes a fire hazard by reason of the likelihood of its catching on fire or communicating fire; or
(g) Odors, Smoke, Dust, Dirt. There is caused or permitted the conduct of any business thereon or therein which by reason of noxious odors generated thereby, or of smoke, dust and dirt being cast therefrom, endangers or is harmful to the public health, welfare or safety, or materially interferes with the peaceful and lawful use, comfort and enjoyment of owners or occupants of a proximate or adjacent lot of land or structure thereon; or
(h) Neglected, Dilapidated Buildings. There is permitted any building, house or structure to become so out of repair and dilapidated that, due to lack of adequate maintenance, or neglect, it endangers the public health, welfare, or safety or materially interferes with the peaceful enjoyment of owners or occupants of adjacent property; or
(i) Noise. There is caused or permitted any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others; or
(j) Littering. There is caused or permitted any placing, throwing, or sweeping into any street, avenue, alley, park or public ground, any dirt, paper, nails, pieces of glass or board, fruit parings or skins, garbage, waste, leaves or clippings, ashes, cans, bottles, cartons, boxes, furniture, oil, parts of automobiles or any other matter of an unsightly or unsanitary nature, or the placing, throwing or sweeping of such matter upon any sidewalk or street crossing, or on any driveway, or upon the floor, stairway or hallway of any public building, theater, railway depot, railway platform or property of another; or
(k) Accumulations of Garbage, Trash. There is caused or permitted any accumulation of paper, fruit parings or skins, garbage, waste, ashes, cartons, boxes or any other matter of an unsightly or unsanitary nature in a manner that the matter could be blown onto any street, avenue, alley, park, public ground, sidewalk or property of another.
(Ord. 37-69. Passed 10-20-69.)
(Ord. 37-69. Passed 10-20-69.)
(a) Whenever a complaint is made to the Mayor of the existence of a public nuisance to Section 531.01, he shall promptly inspect or cause to be inspected the premises on which it is alleged a public nuisance exists. Should the Mayor, after inspection, find that a public nuisance does exist, he shall promptly notify the Fire Chief, and the Village Administrator, and the person or persons, firm or corporation which, from the property records of the County, appear to be the owners of the premises, and shall request the Board of Health to make inspection thereof. The Mayor shall also leave a copy of the notice with the person in possession or charge of the premises. The notice shall refer to the provisions of this chapter and shall state that unless the nuisance is abated proceedings will be taken in accordance herewith.
(b) Upon receipt of the notice, the Fire Chief shall inspect the premises and make a written report of his findings, which together with the report of the Mayor shall be filed with the Mayor.
(c) Should the Mayor, the Fire Chief, and the Village Administrator unanimously find that a public nuisance exists and that the nature thereof is such as to require its summary abatement, and if the condition is within the prohibitions of Section 531.01(d), (g) or (h), the Mayor shall cause photographs to be made of the nuisance and shall, within forty-eight hours thereafter, take such action as is necessary to abate the nuisance at the expense of the owner or owners of the premises. In abating the nuisance the Mayor shall not be required to give any further notice to the owner or owners of the premises upon which the nuisance exists.
(Ord. 13-13. Passed 4-7-13.)
(a) In the event that the Mayor and the Fire Chief find that the public nuisance pursuant to Section 531.01 exists and if the condition is within the prohibitions of subsection (d), (g) or (h) of Section 531.01 and the Village Administrator concurs in this finding, but the nature thereof is such as not to require the summary abatement, the Mayor shall cause photographs of the nuisance to be made and filed with reports of the aforesaid offices and shall cause to be served on the person or persons, firm or corporation which from the property records of the County, appear to be the owners of the property involved, notice to abate the nuisance within thirty days thereafter, unless a shorter period of time is reasonable under the circumstances. If a period less than thirty days is allowed to abate the nuisance, the time to be specified shall be determined by the Mayor and Fire Chief, and if the condition is within the prohibitions of Section 531.01(d), (g) or (h), the Village Administrator.
(b) A copy of the notice shall be left with the person in charge or possession of the premises, or if there is no such person, notice shall be posted on the premises.
(c) Any notice required by this section or by Section 531.04 may be served on the owner or owners personally or by certified mail to the address shown on the property records of the County. Any notice given pursuant to this section shall state that if such nuisance is not abated within the time aforesaid the same will be abated by the Municipality at the expense of the owner or owners.
(Ord. 13-13. Passed 4-7-13.)
(a) Should the nuisance referred to in Section 531.03 not be abated within the time stated in the notice given pursuant to the section, the Mayor or his authorized representative shall have the right to enter upon the premises and to abate the nuisance. In abating any nuisance the Mayor may take such action as is necessary to complete the abatement, and should it be practicable to sell or salvage any material resulting from the abatement, he may cause the same to be sold at public or private sale at the best price obtainable and keep an account of the proceeds thereof. Proceeds shall be deposited in the General Fund and any difference in the amount so received and the cost of the abatement shall be reported to Council, which shall levy an assessment against the premises upon which the nuisance was abated, and cause the assessment to be certified and collected as other assessments by the Municipality.
(b) Should the proceeds of the sale of any material salvaged in the course of the abatement exceed the cost thereof, the amount of the excess shall be paid to the owner or owners of the premises upon filing of a claim thereof and proof of title and right to the surplus.
(c) The Mayor may utilize any labor or equipment of the Municipality in making abatement or may contract for the abatement if the contract may be let without any expense whatever to the Municipality, and/or may publicize for and let bids for the contract.
(Ord. 37-69. Passed 10-20-69.)
This chapter shall be deemed an enlargement and not a limitation or restriction on the power or authority of the Municipality or any officer thereof to take any action or bring any suit or proceeding in respect to public nuisance otherwise provided for by law or ordinance of the Municipality. (Ord. 37-69. Passed 10-20-69.)
(a) The owner, occupant or person having the charge or management of any lot or parcel of land situated within the corporate limits of the Municipality, whether the same is improved or unimproved, vacant or occupied, shall cut or destroy or cause to be cut or destroyed any weeds or rank vegetation growing upon any such lot or parcel of land, and prevent the same from blooming or going to seed or exceeding a height of eighteen inches.
(b) In the event the owner does not cut or destroy weeds, the Street Commissioner shall cause a notice to be served on the owner advising that unless the work is performed within five days it shall be done by the Municipality and billed to the owner.
(c) Notice shall be considered to be given the owner when it is sent by regular mail to the last known or best obtainable address.
(d) After the work is done, the Municipality shall give notice to the owner of the lot or parcel of land, to pay the cost of the trimming or removal of grass or weeds, which notice shall be accompanied by a statement of the cost incurred, and in the event the same is not paid within thirty days after the mailing of the notice, then such amount shall be certified to the County Auditor for collection the same as other taxes and assessments are collected.
(Ord. 37-69. Passed 10-20-69.)
(e) A minimum fee of one hundred twenty-five dollars ($125.00) up to the first hour, and one hundred twenty-five dollars ($125.00) per hour thereafter, prorated at half hour intervals for non-compliance.
(f) After the first notice within the same year to cut weeds in accordance to Section 531.06, the second notice shall have a twenty-five dollar ($25.00) penalty notice; the third notice shall carry a fifty dollar ($50.00) penalty notice, and a fourth notice the Police Department shall issue a citation with a penalty of no more than three hundred dollars ($300.00). (Ord. 31-2018. Passed 1-7-19.)
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