(A) Nuisance declared. It is hereby declared to be a public nuisance for any person, firm, corporation or any owner, agent, occupant or person in possession, charge or control of any lot, tract, parcel of land, building or other premises within the village or within its territorial jurisdiction to permit the growth upon any premises within the village of any noxious weeds, such as blue vervain, buckthorn, burdock, bull nettle, burdock, cockleburr, common milk weed, curled dock, dodders, field bindweed, giant foxtail, hoary cress, jimson weed, Johnson grass, lambsquarter, leafy spurge, marijuana or wild hemp, multiflora rose, purple loosestrife, ragweed, ox-eye daisy, poison ivy, thistle (bull, Canada, sowthistle or musk), quack grass, ragweed (giant or common), Russian knapweed, rough pigweed, sweet clover, teasel, wild carrot, wild lettuce, wild garlic, wild mustard or like weeds having similar undesirable characteristics as determined by the Director of Public Works or the Dean of the College of Agriculture of the University of Illinois at Champaign-Urbana. It shall be unlawful to permit any such weeds to grow or remain on property within the village.
(B) Height limitations. It is hereby declared to be a public nuisance for any person, firm, corporation or any owner, agent, occupant or person in possession, charge or control of any lot, tract, parcel of land, building or other premises within the village or within its territorial jurisdiction to permit the growth upon any premises within the village of any weeds or grass or plants, other than trees, bushes, flowers, garden crops or other ornamental plants, to grow to a height exceeding ten inches, or to permit any premises to become overgrown with weeds and brush in such a manner as to become injurious to the health of the community.
(C) Trimming bushes and shrubs. It is hereby declared to be a public nuisance for any person, firm, corporation or any owner, agent, occupant or person in possession, charge or control of any lot, tract, parcel of land, building or other premises within the village or within its territorial jurisdiction to permit the unchecked growth upon any premises within the village of any bushes or shrubs without trimming the same in such a manner as to prevent such bushes or shrubs from crossing property lines or obstructing the sidewalk, parkway, street or highway. Moreover, it is hereby declared a public nuisance to permit bushes and shrubs to become unsightly and unruly, as the same shall be determined by the Village Director of Public Works or other designated official.
(D) Owner/occupant responsibilities. Every owner or occupant of real estate within the village shall cut the weeds and grass on his or her property and on the abutting parkway at all such times as may be necessary so that such weeds and grass shall not exceed a height of ten inches. Every owner or occupant of real estate within the village shall trim the bushes and shrubs on his or her property and on the abutting parkway at all such times as may be necessary to prevent them from crossing property lines or obstructing the sidewalk, parkway, street or highway or otherwise become unsightly and unruly, as the same shall be determined by the Village Director of Public Works or other designated official. If the owner neglects or refuses to cut such weeds or grass so that the weeds or grass exceed the height requirements described in this section, or fails to trim bushes and shrubs in accordance with the provisions of this section, the village may cut the weeds or grass or trim the bushes and shrubs or authorize some person to do the same on behalf of the village.
(E) Notice to remediate and abate nuisance. It shall be the duty of the Village Clerk or other designated official to cause notice to be served upon the owner or occupant of any premises on which landscaping conditions are in violation of the provisions of this section, and to demand the abatement of the nuisance within ten days. The notice to remediate and abate nuisance may be served either in person or by first class mail. It shall not be necessary in any case to specify in what manner the nuisance shall be abated, though the notice shall provide sufficient information for the recipient thereof to understand the nature of the nuisance(s). The notice shall notify the owner that he or she must abate the nuisance(s) within ten days and shall also contain a copy of 65 ILCS 5/11-20-7 and this section of the village code and notify the owner that the village may correct the violation and place a lien on the property for the cost thereof if the nuisance is not abated within ten days.
(F) Abatement by village. If the person served with a notice to remediate and abate nuisance under this section shall fail, refuse or neglect to abate the nuisance within ten days, the Village Director of Public Works or other designated official may proceed to abate the nuisance, keeping an account of all related expenses. The expense shall be charged to and paid by the owner or occupant.
(G) Charges for nuisance abatement a lien against property.
(1) If weeds, grass, bushes or shrubs are cut or trimmed by the village or by someone directed to perform the same on behalf of the village, the Village Clerk or other designated official or his or her designee shall send a bill for the cost and expense thereof to the property owner, his or her agent or legal representative or occupant in legal possession or control of the premises. The bill shall include an administrative charge as determined by the village. If the bill is not paid in full within 30 days of the date of the bill, the Village Clerk or other designated official or his or her designee shall cause a notice of lien of the cost and expense thereof incurred by the village to be recorded in the following manner: the village or the person performing the service by authority of the village, in its, his or her own name, may file a notice of lien in the office of the DeKalb County Recorder of Deeds. Notice of lien shall consist of a sworn statement setting forth:
(a) A description of the real estate sufficient for identification thereof;
(b) The amount of money representing the cost and expense incurred or payable for the service; and
(c) The date or dates when such cost and expense was incurred by the municipality or someone working on behalf of the municipality.
(2) The notice of lien shall be filed within 60 days after the cost and expense is incurred. After recording, the notice of lien, together with copies of 65 ILCS 5/11-20-7 and this section of the village code shall be sent by certified mail or hand delivered to the property owner, his or her agent or legal representative or occupant in legal possession or control of the premises and, if different, to the person who received the tax bill for the preceding year.
(3) Upon payment of the cost and expense after the notice of lien has been filed as provided herein, the lien shall be released by the village or person in whose name the lien has been filed, and the release shall be recorded of record in the same manner as recording the notice of lien.
(H) Foreclosure of lien. Subsequent to the filing of the above-described lien, the village may cause to be filed a complaint for foreclosure of such lien, or upon becoming a defendant in a pending lawsuit affecting the premises or real estate, by answer to the complaint or in the nature of an intervening petition or cross-complaint the village may proceed in its corporate name to foreclose such lien. The property subject to a lien arising under this section may be sold for nonpayment of the same, and the proceeds of such sale shall be applied to pay the monies owing the village.
(I) Penalty. In addition to a lien which may be filed by the village for abating the nuisance described in this section, any person, firm, corporation, business entity or the like which is found guilty of a violation of this section shall be assessed a fine of not less than $150 or more than $750. Each day a violation of this section continues shall be deemed a separate offense.
(Ord. 08-17, passed 11-3-2008; Ord. 12-07, passed 7-2-2012) Penalty, see § 91.99