(A) Inspection of premises. Whenever any police officer or employee of the Itasca Police Department observes a public nuisance under this chapter, or whenever a complaint is made to the Village President or other village official that a public nuisance under this chapter exists, the Chief of Police, or his or her designee, shall forthwith inspect or cause to be inspected the premises, and shall make a written report of his or her findings. Whenever practicable, the inspecting officer shall cause photographs to be made of the premises and shall file the same with the Village Clerk.
(B) Summary abatement.
(1) Notice to the owner. Upon a finding that a public nuisance under this chapter exists, the Chief of Police, or his or her designee, shall issue a notice directed to the owner of record of the property on which the nuisance exists. The notice shall describe the nuisance and shall establish a reasonable time for the abatement thereof by such owner, which time shall be no less than two days nor more than five days after service of such notice. Such notice shall direct the owner, occupant or person causing, permitting or maintaining such nuisance to abate the nuisance and 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. The notice shall also specify clearly that graffiti established on a painted surface shall be painted over with a color consistent with the predominant tone of the building or structure, and that graffiti established on an unpainted masonry or wood surface shall be removed so that such unpainted surface is returned.
(2) Service and return of notice.
(a) The police officer or police department employee issuing the notice to abate a nuisance under this section shall personally serve the notice upon the owner of the property where such nuisance exists, and shall make his/her return upon a copy of such notice showing the date of service and the person upon whom it was served.
(b) In lieu thereof, the police officer or police department employee issuing the notice shall mail a copy thereof to the above-described owner at the last known mailing address of the owner or, if not known, the address of the property where the nuisance exists, by proof of mail. If the name of the owner of the structure cannot be ascertained or if service of the owner cannot be made by mail, service may be made on the owner by posting or nailing a copy of the notice on the front door of the structure where the violation was found.
(3) Investigation to determine compliance with notice. Immediately upon the termination of the time allowed in any notice for the abatement of a nuisance under this section, the police officer or police department employee shall investigate to determine whether or not the nuisance has been abated.
(4) Abatement by village. In the event that the owner of the property where such nuisance exists has failed to abate such nuisance within the prescribed time, or if the owner, occupant or person causing the nuisance cannot be found, the Chief of Police or his or her designee shall have the authority to cause the removal of the graffiti through any available public agency, or by contract with any appropriate private entity. Express authority to enter upon the premises where such public nuisance exists is hereby conferred upon the village.
(Ord. 1378-07, passed 4-17-07)