Loading...
PROPERTY REGULATIONS
(A) Accumulation prohibited. No person shall permit any garbage or trash to accumulate on their premises or private property. It is hereby declared to be a nuisance and it shall be unlawful for the owner or occupant of real estate to refuse or neglect to remove the garbage or debris.
(B) Notice to person. The Chief of Police or his or her designated representative may issue a written notice for removal of garbage or debris. Such garbage or debris shall be removed by the owner or occupant within five days after such notice has been duly served.
(C) Service of notice. Service of notice provided for herein may be effected by handing of the same to the owner, occupant or lessee of the premises, or to any member of his or her household of the age of 15 years or older found on the premises or by mailing such notice to the last known residence address of the owner; provided that if the premises are unoccupied and the owner’s address cannot be obtained, then the notice may be served by posting the same upon the premises.
(D) Abatement. If the person so served does not abate the nuisance within five days, the Police Chief or the designated representative may proceed to abate such nuisance, keeping an account of the expense of the abatement and such expense shall be charged and paid by such owner or occupant.
(E) Lien. Charges for such removal shall be a lien upon the premises. A bill representing the cost and expense incurred or payable for the service shall be presented to the owner. If this bill is not paid within 30 days of submission of the bill, a notice of lien of the cost and expenses thereof incurred by the village shall be recorded in the following manner:
(1) A description of the real estate sufficient for identification thereof;
(2) The amount of money representing the cost and expense incurred or payable for the service; and
(3) The date or dates when said cost and expense was incurred by the village and shall be filed within 60 days after the cost and expense is incurred.
(F) Payment. Notice of such lien claim shall be mailed to the owner of the premises if his or her address is known. Upon payment of the cost and expense after notice of lien has been filed, the lien shall be released by the village or person in whose name the lien has been filed and the release shall be filed of record in the same manner as filing notice of the lien.
(G) Foreclosure of lien. Property subject to a lien for unpaid charges shall be sold non-payment of the same, and the proceeds of such sale shall be applied to pay the charges after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be in the name of the village, after lien is in effect for 60 days. Suit to foreclose this lien shall be commenced within two years after the date of filing notice of lien.
Penalty, see § 174.99
Statutory reference:
Similar provisions, see 65 ILCS 5/11-20-13
(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
WEEDS. Include, but not be limited to, the following: Burdock, Rag Weed (giant), Rag Weed (Common), Thistle, Cocklebur, Jimson, Blue Vervain, Common Milk Weed, Wild Carrot, Poison Ivy, Wild Mustard, Rough Pigweed, Lambsquarter, Wild Lettuce, Curled Dock, Smartweeds (all varieties), Poison Hemlock, Wild Hemp and Johnson Grass, and all other noxious weeds as defined by the state statutes.
(B) Height. It shall be unlawful for anyone to permit any weeds, grass or plants, other than trees, bushes, flowers or other ornamental plants to grow to a height exceeding eight inches anywhere in the village. Any such plants or weeds exceeding such height are hereby declared to be a nuisance.
(C) Notice. The Police Department or any other person so designated by the Mayor may issue a written notice for removal of weeds or grass. Such weeds or grass shall be cut by the owner or occupant within five days after such notice has been duly served.
(D) Service of notice. Service of the notice provided for herein may be effected by handing the same to the owner, occupant or lessee of the premises, or to any member of his or her household of the age of 15 years or older found on the premises or by mailing such notice to the last known residence address of the owner; provided, that if the premises are unoccupied and the owner’s address cannot be obtained, then the notice may be served by posting the same upon the premises.
(E) Abatement. If the person so served does not abate the nuisance within five days, the Police Chief may proceed to abate such nuisance, keeping an account of the expense of the abatement, and such expense shall be charged and paid by such owner or occupant.
(F) Lien. Charges for such weed removal shall be a lien upon the premises. A bill representing the cost and expense incurred or payable for the service shall be presented to the owner. If this bill is not paid within 30 days of submission of the bill, a notice of lien of the cost and expenses thereof incurred by the village shall be recorded in the following manner:
(1) A description of the real estate sufficient for identification thereof;
(2) The amount of money representing the cost and expense incurred or payable for the service; and
(3) The date or dates when said cost and expense was incurred by the village and shall be filed within 60 days after the cost and expense is incurred.
(G) Payment. Notice of such lien claim shall be mailed to the owner of the premises if his or her address is known. Upon payment of the cost and expense after notice of lien has been filed, the lien shall be released by the village or person in whose name the lien has been filed and the release shall be filed of record in the same manner as filing notice of the lien. All lien and release filing fees shall be paid by the owner of the property.
(H) Foreclosure of lien. Property subject to a lien for unpaid weed cutting charges shall be sold for non-payment of the same and the proceeds of such sale shall be applied to pay the charges after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be in the name of the village after the lien is in effect for 60 days.
Penalty, see § 174.99
Statutory reference:
Similar provisions, see 65 ILCS 5/11-20-6 and 5/11-20-7
(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
INOPERABLE MOTOR VEHICLES. Any motor vehicle which, for a period of at least seven days, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power. INOPERABLE MOTOR VEHICLE shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations.
(B) Declaration of nuisance. All inoperable motor vehicles, whether on public or private property in view of the general public, are hereby declared to be a nuisance.
(C) Notice to owner. The Police Chief shall notify the owner of the motor vehicle, informing him or her that he or she shall dispose of any inoperable vehicles under his or her control. If the owner fails to dispose of said inoperable vehicle(s) after seven days from the issuance of the notice, the Police Chief may authorize a towing service to remove and take possession of the inoperable vehicle or parts thereof.
(D) Exclusions. Nothing in this section shall apply to any motor vehicle that is kept within a building when not in use, to operable historic vehicles over 25 years of age, or to a motor vehicle on the premises of a licensed business engaged in the wrecking or junking of motor vehicles.
Statutory reference:
Similar provisions, see 65 ILCS 5/11-40-3
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANTIQUE VEHICLE. A motor vehicle that is more than 25 years of age or a bona fide replica thereof and which is driven on the highways only going to and returning from an antique auto show or an exhibition, or for servicing or demonstration, or a firefighting vehicle more than 20 years old which is not used as firefighting equipment but is used only for the purpose of exhibition of demonstration.
DERELICT MOTOR VEHICLE. Any inoperable, unregistered, discarded motor vehicle, regardless of title, having lost its character as a substantial property and left unattended without justification on the owner’s land contrary to the public policy expressed in this section.
INOPERABLE MOTOR VEHICLE. Any motor vehicle from which, for a period of at least 30 days or any greater period fixed by ordinance, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power. INOPERABLE MOTOR VEHICLE shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations. This definition of INOPERABLE MOTOR VEHICLE is taken from 65 ILCS 5/11-40-3.
MOTOR VEHICLE. Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except for vehicles moved solely by human power and motorized wheelchairs.
UNREGISTERED MOTOR VEHICLE. A motor vehicle that is not currently licensed or registered with the state or that is exempt from registration in the state under the provisions of 65 ILCS 5/3-402. By licensed or registered, reference is made to the license plate, tags or stickers for a license plate.
VEHICLE. Every device, in, upon or by which any person or property is or may be transported or drawn upon a street or highway, whether subject to or exempt from registration, except bicycles, snowmobiles and devices used exclusively upon stationary rails or tracks.
(B) Derelict motor vehicles.
(1) Prohibition against inoperable motor vehicle. It shall be unlawful for a person within the village limits to have an inoperable motor vehicle on property in his or her control or occupied by that person for a period in excess of 30 days after issuance and service of a written warning notice of violation of this section.
(a) Disposal of inoperable motor vehicle. The village shall have the right as provided in 65 ILCS 5/11-40-3 to dispose of any inoperable motor vehicle or part thereof after 30 days from the issuance and service of a written warning notice of violation as provided herein if there continues to exist a violation of division (B)(1) above.
(b) Exempt vehicles. Nothing in this section shall apply to any motor vehicle that is kept wholly within a building when not in use, to operable historic vehicles over 25 years of age, or to a motor vehicle on the premises of a place of business engaged in the wrecking or junking of motor vehicles. It shall not be a defense that any such inoperable vehicle is covered with a cloth, plastic, vinyl, canvas or any other type of vehicle covering, whatsoever.
(c) Notice.
1. For the purposes of this section, notice shall consist of the issuance and delivery of a written warning notice of violation of this section by a village police officer on any of the following: the owner of the property where the motor vehicle is located; any person over the age of 13 years of age residing at the property where the motor vehicle is located; or the owner of the motor vehicle, if known.
2. Said notice shall state that any such person is to dispose of any inoperable motor vehicles under his or her control, and that after 30 days from the issuance of the written warning notice, the Police Department of the village may remove any inoperable motor vehicle or parts thereof.
(d) Costs. The costs of towing, storage and processing for the removal and/or disposal of any inoperable motor vehicle may be satisfied from any of the following sources:
1. The vehicle;
2. The person owning the vehicle; or
3. The person having control of or possession of the property where the vehicle is removed from.
(e) Towing. The Mayor and Chief of Police of the village are also authorized to enter into a contract with a tow truck operator or junk yard operator to provide removal, storage and disposal services of inoperable motor vehicles removed and disposed of in accordance with this section at no cost to the village in exchange for the vehicle.
(2) Prohibition against unregistered motor vehicle. It shall be unlawful for a person to have an unregistered motor vehicle in view of the general public within the village limits on property in his or her control or occupied by that person for a period in excess of 30 days after issuance and service of a written warning notice of violation of this section.
(a) Exempt vehicles.
1. Nothing in this section shall apply to any motor vehicle that is kept wholly within a building when not in use, to a motor vehicle on the premises of a place of business engaged in the wrecking or junking of motor vehicles, or to a motor vehicle that is exempt from registration under 625 ILCS 5/3-402 or any section subsequently enacted with the same purpose.
2. Having a motor vehicle currently registered with the state or which is exempt from registration under 625 ILCS 5/3-402 shall be a defense to this section of this section. It shall not be a defense that any such inoperable vehicle is covered with a cloth, plastic, vinyl, canvas or any other type of vehicle covering, whatsoever.
(b) Notice.
1. For the purposes of this section, notice shall consist of the issuance and service of a written warning notice of violation of this section by a village police officer on any of the following: the owner of the property where the motor vehicle is located; any person over the age of 13 years of age residing at the property where the motor vehicle is located; or the owner of the motor vehicle, if known. Such written notice shall constitute service.
2. Said notice shall state that any such person is to register the motor vehicles with the state, and that after 30 days from the issuance of the written warning notice, the person receiving the notice shall be subject to penalties as set forth herein.
(C) Exclusions. The provisions of this section shall not apply to vehicles owned by persons who are on active duty in service of the Armed Forces of the United States.
(Ord. 2009-1, passed 1-7-2009) Penalty, see § 174.99
ANIMALS
Loading...