A. Nuisance Businesses Prohibited: No business or establishment, whether or not licensed, shall be conducted or operated as to constitute a nuisance in fact; and no building, vehicle, structure, yard, lot, premises, or part thereof shall be used, kept, maintained, or operated in connection with any business or establishment so as to occasion any nuisance, or so as to be dangerous to life or detrimental to health. Any charge of conducting or operating a nuisance may be made under this chapter or under the provisions of this code prohibiting nuisances generally.
B. Unsafe Or Unhealthful Business:
1. No building or structure utilized, constructed, or maintained in connection with any business or occupation shall evidence an unsanitary, unsafe, or dangerous condition.
2. No substance, matter or thing of any kind whatever, which shall be dangerous or detrimental to health, shall be allowed to exist in connection with any business or occupation, or be used in any work or labor performed in the village. (1978 Code § 3-1-9)
C. Refuse Disposal:
1. Containers:
a. The standard refuse container required by this code shall be a receptacle of not less than ten (10) gallons and not more than thirty two (32) gallons. However, containers may exceed thirty two (32) gallons but not more than ninety (90) gallons if the container is supplied by the village's franchised waste hauler. The container shall be constructed of impervious and sturdy material, with a tightfitting cover, and equipped with handles properly placed to facilitate handling. (1978 Code § 3-1-9; amd. 2011 Code)
b. All refuse which is placed for collection service outside any building or structure must be kept in standard refuse containers unless another type of container is approved by the village clerk due to the unusual nature of the refuse produced by the business.
2. Removal Of Refuse:
a. It shall be the duty of the occupant of every building, structure or premises used or maintained in connection with any business or occupation, to cause to be removed at his own cost and expense, at least once each week, all refuse produced therein.
b. Every person owning or controlling any hotel, restaurant, cafe, retail food establishment or other business or occupation, where more than thirty two (32) gallons of refuse is normally produced weekly, shall cause all substances deposited in such containers to be removed as often as shall be necessary, including daily removal from the premises, to ensure the healthful environment surrounding such establishment. Such removal shall be at his own expense. (1978 Code § 3-1-9)
D. Abandoned Gasoline Service Stations:
1. Any gasoline service station determined by the community development director or his/her designee to be abandoned shall be deemed a public nuisance which adversely affects surrounding property values and the public safety and welfare. A gasoline service station shall be considered abandoned if it is not operated for at least three hundred (300) hours in any sixty (60) day period. Whenever the community development director or his/her designee shall determine that any service station is abandoned, he shall immediately notify the owner of the real estate, either in person or by certified mail, and issue an order of abatement with which there must be compliance within ninety (90) days. A nuisance caused by abandonment may be abated only as follows:
a. Placing the station back in operation for a minimum of six (6) hours per day, six (6) days per week; or
b. Razing all structures and removing all underground tanks in accordance with all applicable ordinances of the village. After razing all structures, the entire lot must be sodded as soon as weather permits; or
c. Making an appropriate application for a change in the use of the real estate to a permitted or conditional use. If the proposed use is approved, the owner of the real estate shall have a definite time period, as specified by the village administrator, to commence operation of the proposed use. If the new use is not commenced within such time period, the nuisance shall be immediately abated under subsection D1a or D1b of this section. If the proposed use is disapproved, the owner of the real estate shall do one of the following within ninety (90) days:
(1) Apply for another proposed use; or
(2) Abate the nuisance under subsection D1a or D1b of this section.
The village shall not be required to consider more than three (3) proposed uses before it may abate the nuisance itself under subsection D2 of this section.
2. If, upon the giving of notice, the owner of the real estate fails to abate the nuisance within the time and in the manner specified in the notice, the village is hereby authorized to abate the nuisance and to assess the cost thereof against the owner of the real estate upon which the nuisance exists. The amount of such costs shall be paid by the owner to the village.
3. In addition to being a debt due and owing the village by the owner of the real estate upon which the nuisance exists, the cost of such abatement shall constitute a lien upon the real estate affected, superior to all subsequent liens and encumbrances, except tax liens, if, within sixty (60) days after such cost or expense is incurred by the village, a notice of lien is filed with the county recorder of deeds. The notice of lien shall consist of a sworn statement setting out:
a. A legal description of the real estate;
b. The amount of money representing the cost and expense incurred for the abatement of the nuisance; and
c. The date or dates when the costs and expenses were incurred by the village.
Upon the payment of the costs and expenses to the village by the owner of or persons interested in the real estate, the lien shall be released by the village. (Ord. 2010-65, 11-4-2010)