A. Notice To Abate: Whenever any village officer determines that a nuisance exists under this chapter, the proper village officer shall serve the person or owner who is causing, permitting or maintaining such nuisance with reasonable notice to abate the nuisance. Such a notice shall also state if the person or owner is a repeat offender.
B. Duty To Abate: Any person or owner determined to have created, caused, permitted, erected, or maintained a nuisance to exist within the village shall discontinue and abate such nuisance within seven (7) days, or such other time as may be specified in the notice to abate or required by law, from the date the notice to abate is served. Any repeat offender who receives a notice to abate shall discontinue and abate such nuisance within three (3) days from the time the notice to abate is served, or such other time as may be specified in the notice to abate or as required by law.
C. Penalties:
1. Any person or owner who is not a repeat offender and who fails to abate a nuisance within the period specified in a notice to abate shall be fined not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each day during or on which said nuisance is permitted to exist, dating back to the day the notice to abate was served upon said person or owner.
2. A repeat offender shall be fined as follows without regard to whether the violation is abated:
a. For each offense arising from the violations described in a second notice to abate received within a twelve (12) month period, not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00); and
b. For each offense arising from the violations described in a third notice to abate received within a twelve (12) month period, not less than one hundred fifty dollars ($150.00) nor more than seven hundred fifty dollars ($750.00); and
c. For each offense arising from the violations described in a fourth or subsequent notice to abate received within a twelve (12) month period, not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00).
A separate offense shall be deemed committed by a repeat offender for each day during or on which said nuisance is permitted to exist, dating back to the day the notice to abate was served.
D. Optional Settlement Procedure; Court Action:
1. Prior to the commencement of any court action, the village may, in its discretion, provide a violator with an opportunity to settle the matter through payment of a fine through a representative of the village clerk. Notice of such an opportunity may be provided with a notice to abate, or separately, and shall provide an opportunity for payment within a period of time set forth in the notice. If the village exercises its discretion to provide an opportunity for settlement, the amounts shall be as follows:
a. One hundred dollars ($100.00) for a person or owner who is not a repeat offender, but who does not abate a violation within the time period provided in a notice to abate.
b. One hundred dollars ($100.00) for a repeat offender to settle violations specified in a second notice to abate within a twelve (12) month period.
c. One hundred fifty dollars ($150.00) for a repeat offender to settle violations specified in a third notice to abate received within a twelve (12) month period.
d. Two hundred dollars ($200.00) for a repeat offender to settle violations specified in a fourth or subsequent notice to abate received within a twelve (12) month period.
2. Should a recipient of such notice fail to accept the offer within the period set forth in the notice, such offer of settlement shall automatically expire. Where the village chooses not to offer a settlement opportunity, or the time period provided by such an offer has expired, in addition to any monetary fine or other penalty which may be imposed or abatement which may occur for a violation of this chapter, the village may proceed in Woodford County circuit court (or any other court of competent jurisdiction) to enjoin, abate, correct, or prohibit continued further violations or threatened violations of this chapter.
E. Abatement By Village: Whenever any nuisance is not abated within the time provided in the notice, the village may cause the abatement or removal of such nuisance, as permitted by law.
F. Expedited Abatement By Village: Whenever any nuisance: 1) constitutes or is deemed to be an exigent, imminent or immediate danger to public health, welfare or safety; or 2) exists on public property, the proper village officer shall cause such nuisance to be summarily and immediately abated and removed, regardless of any seven (7) day period or such other time as may be specified in the notice to abate or required by law; provided, however, that for abatements under item 1 above, such officer shall have first applied for and obtained the written permission of the village president or other village officer duly in charge for such summary abatement.
G. Costs A Lien: If the village removes any nuisance in accordance with this chapter, the person who caused the nuisance to exist or the owner of the property shall be liable to the village for the reasonable cost thereof; provided, that where specifically authorized in this chapter or by law, the village may take steps to perfect and enforce a lien against the property, or may institute proceedings to collect the cost, or both. The lien shall be superior to all prior existing liens and encumbrances, except taxes, as permitted by law. Upon payment of the cost of removal of the nuisance after notice of lien has been filed, the village shall provide a release of lien. The lien may be enforced by proceedings to foreclose, as permitted by law. (Ord. 695, 3-22-2012)