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A. Persons who utilize invisible or electronic fencing to contain any dog or cat must prominently display on their property immediately adjacent to the public right of way a sign which indicates that any dog or cat located thereon is contained by way of invisible or electronic fencing.
B. Invisible or electronic fencing shall be set back a minimum of five feet (5') from any public right of way and property lines. In cases where a side yard is less than five feet (5'), then the invisible or electronic fence shall be placed at the farthest point away from the structure on the property. (Ord. 08-35, 9-11-2008)
A. No owner or any person entitled to the custody of any dog or cat shall permit the dog or cat to be at large or to confine the dog or cat in a manner so that it can escape and so be at large without his permission, unless the dog or cat is securely confined upon a leash of sufficient strength and accompanied by any able bodied person capable of controlling the actions of the dog or cat under any circumstances.
B. Any dog or cat in an unfenced property and not using an invisible or electronic fence shall be properly restrained on the property a minimum of five feet (5') from any public right of way and property lines. (Ord. 08-35, 9-11-2008)
A. Cutting And Removal Of Grass, Weeds, Trees And Bushes:
1. It shall be unlawful for any owner, lessee, occupant, possessor, or person having any control over any parcel of real estate in the village to allow or maintain, or to fail to destroy or remove, any nuisance greenery on the property, including the area of parkway of any public right of way abutting said property.
2. For purposes of this section, "nuisance greenery" shall mean and include all grasses used for lawn or yard purposes, or any high or rank vegetation growth, which exceed eight inches (8") in height; and shall also mean any annual or perennial herbaceous plant not cultivated or useful for human food or enjoyment and which, when in blossom, gives off an unpleasant or noxious odor or pollen irritating to human tissues; any plant which grows where it is not wanted, including jimson, ragweed (Ambrosia), Canada thistle (Cirsuim arvense) and all of its varieties, perennial snow thistles (Sonchus arvensis), European bindweed (Convolvulus arvensis), leafy spurge (Tithmyalus esula), hoary cress (Lipidium draba), leafy spurge, Russian knapweed (Centaurea repens), dandelion weed, burdock, blue vervain, wild carrot, poison ivy, wild mustard, tough pigweed, lamb's quarters weed, wild lettuce, curled dock, smart weeds, including all varieties, poison hemlock, wild hemp, oxeye daisy, goldenrod, yellow hemlock, buckthorn; and any unkempt trees and bushes.
3. The following grasses and weeds are exempt from the provisions of this article: Bouteloua (Curtipendula, Hirsuta), Brachyelytrum (Erectum), Bromus (Kaimil), Calamagrostis (Canadensis), Carex (Bicknelli, Stricta), Cinna (Arundinacea), Diarrhenna (Americana), Elymus (Candensis, Villosus, Virginicus), Eragrostis (Spectabilla), Glyceria (Striata), Hierochloe (Odorata), Hystrix (Patula), Koeleria (Cristata), Muhlenbergia (Cuspidata), Panicum (Leibergii, Aligosanthes, Virgatum), Scirpus (Atrovirens), Sorghastrum (Nutans), Spartina (Pectinata), Sporobolus (Heterolepis), Stipa (Spartea), Uniola (Latifolia), prairie grass and Forbes.
4. Every owner, lessee, occupant, possessor, or other person having any control of any parcel of real estate in the village shall take such steps as are necessary to cut and maintain the greenery on his property, in accordance with the requirements of this section, so as not to constitute nuisance greenery. If such person fails, refuses or neglects to do so, the village may cut, or cause the cutting of, such nuisance greenery on the property.
5. Prior to the cutting of any nuisance greenery by the village, the village shall serve a notice upon any such owner, lessee, occupant, possessor, or other person having any control of such real estate, by certified mail, return receipt, or by personal service, which shall set forth the date, location and nature of the violation and which shall allow such person a period of seven (7) days from receipt thereof to cut such nuisance greenery.
6. If such owner, lessee, occupant, possessor, or other person having any control of such real estate fails to correct the violation within the time specified, the village may then cut, or cause to be cut, the nuisance greenery.
B. Pest Extermination:
1. It shall be unlawful for any owner, lessee, occupant, possessor or other person having any control of a parcel of real estate in the village to allow undesirable pests on the property.
2. The term "undesirable pests" means and includes undesirable arthropods, including insects, spiders, mites, ticks, and related or similar organisms; wood infesting organisms; and rats, mice, and other obnoxious undesirable animals; but specifically, does not include a feral cat; a "companion animal" as that term is defined in the humane care for animals act 1 , "animals" as that term is defined in the Illinois diseased animals act 2 ; or animals protected by the wildlife code 3 .
3. Every owner, lessee, occupant, possessor, or person having any control over any parcel of real estate in the village shall take such steps as are necessary to exterminate such pests and/or prevent the ingress of pests onto the property, as needed. If such person fails, refuses or neglects to do so, the village may undertake or cause to be undertaken pest control activities for the extermination of such pests from, or the prevention of the ingress of such pests onto, the property.
4. Prior to the village undertaking such pest control activities, the village shall serve notice on any such owner, lessee, occupant, possessor or other person having any control of such real estate by certified mail, return receipt, or by personal service, which shall allow such person a period of seven (7) days from receipt thereof to undertake appropriate pest control activities. If any such person fails, refuses, or neglects to undertake appropriate pest control activities within the time specified, the village may then undertake, or cause to be undertaken, pest control activities to accomplish such extermination, or prevention of ingress of such pests onto the property.
C. Infected Trees:
1. It shall be unlawful for any owner, lessee, occupant, possessor or other person having any control of a parcel of real estate in the village to allow or maintain on any such real estate any tree infected with Dutch elm disease or any ash tree infected with the emerald ash borer (Agrilus planipennis fairmaire).
2. Any owner, lessee, occupant, possessor, or any other person having any control over any parcel of real estate in the village shall remove any elm tree infected with Dutch elm disease and any ash tree infected with the emerald ash borer. If such person fails, refuses or neglects to remove such tree or trees from the property, the village may do so.
3. Prior to removal of any such infected trees by the village, the village shall serve a notice upon any such owner, lessee, occupant, possessor, or other person having any control of such real estate, by certified mail, return receipt, or by personal service, which shall set forth the date, location and nature of the violation and which shall allow such person a period of seven (7) days from receipt thereof to remove any such tree. If such person fails, refuses, or neglects to remove any such tree within the time specified, the village may then remove, or cause the removal of, any such tree.
D. Garbage And Debris:
1. It shall be unlawful for any owner, lessee, occupant, possessor or other person having any control of a property in the village to fail, refuse or neglect to remove any garbage or debris placed on, kept on, strewn about, or littered on any private property in the village.
2. For purposes of this article, "garbage or debris" is defined to include all household waste; scrap metals and their alloys; bones; rags and used cloth; refuse; trash; used rubber and tires; used rope; used tinfoil; used bottles; old or used machinery and tools; used appliances; used structures; used utensils; used lumber; used boxes, crates, or paper items; used pipe and pipe fittings; unlicensed, inoperable or abandoned motor vehicles; and any other goods or items that are so worn, deteriorated, or obsolete as to render them unusable in their existing condition.
3. Every owner, lessee, occupant, possessor, or other person having any control over any parcel of real estate in the village shall remove any garbage or debris from his property. If such person fails, refuses or neglects to remove such garbage or debris from the property, the village may do so.
4. Prior to the removal of any such garbage or debris by the village, the village shall serve a notice upon any such owner, lessee, occupant, possessor, or other person having any control of such real estate by certified mail, return receipt, or by personal service, which shall set forth the date, location and nature of the violation and which shall allow such person a period of seven (7) days from receipt thereof to remove such garbage and debris. If such person fails to correct the violation within the time specified, the village may then remove any such garbage or debris from the property.
E. Graffiti:
1. It shall be unlawful for any owner, lessee, occupant, possessor or other person having any control of a parcel of real estate in the village to maintain, or to fail to remove, any graffiti from any such property in the village.
2. For purposes of this article, "graffiti" shall mean and include any writing, printing, marks, signs, symbols, figures, designs, inscriptions or other drawings which are marked, scratched, etched, scrawled, painted, drawn or otherwise placed on any exterior surface of a building, wall, fence, sidewalk, curb or other permanent structure on public or private property, and which have the effect of defacing the property.
3. Every owner, lessee, occupant, possessor, or other person having any control over any parcel of real estate in the village shall remove any such graffiti from his property. If such person fails, refuses, or neglects to remove such graffiti, the village may remove, or cause to be removed, such graffiti.
4. Prior to the removal of any such graffiti by the village, the village shall serve a notice upon any such owner, lessee, occupant, possessor, or other person having any control of such real estate, by certified mail, return receipt, or by personal service, which shall set forth the date, location and nature of the violation and which shall allow such person a period of seven (7) days from receipt thereof to remove the graffiti. If such person fails, refuses, or neglects to remove the graffiti within the time specified, the village may then remove such graffiti from the property. (Ord. 11-01, 1-6-2011)
Notes
| 1 | 1. 510 ILCS 70. |
| 2 | 2. 510 ILCS 50. |
| 3 | 3. 520 ILCS 5. |
A. The costs incurred by the village for any such maintenance work performed on private property, including, but not limited to, cutting of any nuisance greenery; the removal of any trash or debris; cutting of any infected tree; and/or pest control activities for extermination or prevention of ingress on private property, together with the costs incurred by the village for recording the notice of lien described herein, shall be a lien upon the real estate, if within sixty (60) days after such costs and expenses are incurred, the village records a notice of lien in the office of the recorder of Kane County.
B. Any such notice of lien shall contain at least the following information:
1. A description of the real estate sufficient for identification thereof.
2. The amount of the money representing the cost and expense incurred or payable for the service, and the cost of recording.
3. The date or dates when such cost and expense was incurred by the village.
C. The village may not claim any lien for the cost associated with the removal of graffiti. (Ord. 11-01, 1-6-2011)
The village may claim a priority for any such lien, subject to the following requirements:
A. The village shall keep records of the following data regarding any property on which such work is performed and as to which it may seek a priority for its lien:
1. A dated statement finding that the property is abandoned.
2. The date when the property was first observed to be vacant.
3. A description of the actions taken by the municipality to contact the legal owner of the property, together with a statement that no such contacts were successful.
4. A dated certification by a village official of the necessity and specific nature of the work performed.
5. An agreement with the person or company performing the work, if applicable including rates and estimated costs of the work.
6. Detailed invoices and payment vouchers for the work.
7. A statement whether the work was competitively bid and a copy of all bidders' proposals, if applicable.
B. The claim for lien shall be recorded in the office of the county recorder within one year from the date the cost has been incurred.
C. The notice of lien shall contain at least the following information:
1. A description of the abandoned residential property;
2. The cost incurred by the village for the work;
3. The date or dates on which the work was performed;
4. Reference to the statutory authority for the priority lien, 65 Illinois Compiled Statutes 5/11-20-15.1. (Ord. 11-01, 1-6-2011)
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