A. Enforcing Officer: The code enforcement officer of the village shall be the enforcing officer of the provisions of this chapter. He/she shall make regular written reports to the village board of all violations observed and complaints received relating to public nuisances, and of all actions taken in response thereto. Whenever practicable, the code enforcement officer shall cause photographs to be made of the public nuisance observed or reported, and attach them to the written report.
B. Summary Abatement:
1. Nuisances Requiring Immediate Action:
a. Notice To Owner: If the code enforcement officer shall determine that a public nuisance exists on private property and that there is great and immediate danger to the public health, safety, peace, morals or decency, he/she may serve or cause to be served a notice upon the owner, or, if the owner cannot be found, on the occupant or person causing, permitting or maintaining such nuisance, or if no such person be found, by posting a notice on the premises. Such notice shall direct the owner, occupant or person causing, permitting or maintaining such nuisance to abate or remove such nuisance within a reasonable time designated, and shall state that unless such nuisance is so abated, the village will cause the same to be abated and will charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the same, as the case may be.
b. Abatement By Village: If the nuisance is not abated within the time provided, or if the owner, occupant or person causing the nuisance cannot be found, the code enforcement officer shall cause the abatement or removal of such public nuisance.
2. Nuisances Not Requiring Immediate Action:
a. Notice To Owner: If the code enforcement officer shall determine that a public nuisance exists on private property and that there is not any great and immediate danger to the public health, safety, peace, morals or decency, he/she shall serve or cause to be served a notice upon the owner, or if the owner cannot be found, on the occupant or person causing, permitting or maintaining such nuisance, or if no such person be found, by posting a notice on the premises. Such notice shall direct the owner, occupant or person causing, permitting or maintaining such nuisance to abate or remove such nuisance within a reasonable time designated therein, and shall state that unless such nuisance is so abated, the village may commence an action to cause the said nuisance to be abated, and may ask that the penalty provisions of this chapter be enforced against the owner, occupant or person causing, permitting or maintaining the same, as the case may be. Abatement actions for Abandoned, Inoperable, and Unregistered Vehicles may be taken under the provisions of Chapter 4-13 of this Title 4.
b. Abatement By Court Action: If the nuisance is not abated within the time provided, the code enforcement officer shall cause an action in the name of the village to be commenced to cause the abatement or removal of such public nuisance.
C. Cost Of Abatement: In addition to any other penalty imposed by this chapter for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the village shall be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance, and if notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as other special taxes. (Ord. 89-01, 2-22-1989; amd. Ord. 2020-O-09, 9-23-2020)