Loading...
Sections 94.02, 94.05(J) and (K), 94.06(B), 94.08, and 94.09 (where such authority is established by contract, agent agreement, statute, or administrative rule) of the public nuisances subchapter shall be primarily enforced by the Lake County Health Department. Section 94.13 of the public nuisances subchapter shall be primarily enforced by the Lake County Sheriff’s Office. All other sections of the public nuisances subchapter shall by jointly enforced by the Lake County Health Department, the Lake County Planning, Building and Development Department, and the Lake County Sheriff’s Office.
(Ord. 12-0446, passed 5-8-2012; Ord. 16-0904, passed 10-11-2016)
The Enforcement Officer, as defined in § 94.80, shall have the authority to issue a warning of ordinance violation when an individual or owner has been found to be, or may be, in violation of any section of the public nuisances subchapter. The warning of ordinance violation may be provided by any of the following methods: (1) by posting a warning of ordinance violation on the property; (2) personally handing a warning of ordinance violation to the individual found to be in possession or control of the property; or (3) in the form of a letter, sent via regular U.S. mail, to the owner of the property. The warning shall, at a minimum, identify the violation for which it is being issued, shall include the address where the violation, or potential violation, is located, shall require the violator and/or property owner to cease the violation(s) or abate the violation(s) within no less than seven days, and shall state that a notice of ordinance violation may be issued if the violation, or potential violation, has not ceased nor has been abated.
(Ord. 12-0446, passed 5-8-2012; Ord. passed 9-9-2014; Ord. 16-0501, passed 6-7-2016; Ord. 16-0904, passed 10-11-2016)
If an individual or owner has previously been issued a warning of ordinance violation and fails to abate the violation by the date specified in the warning, or if an individual or owner is in violation of any section of the public nuisances subchapter, the Enforcement Officer shall have authority to issue a notice of ordinance violation. If administrative adjudication is found to be the appropriate remedy to resolve the violation, the notice must be served in accordance with and shall contain all information specified and required in the Lake County Administrative Adjudication Ordinance (§§ 94.50 through 94.65). Prior to the hearing date documented on the notice of ordinance violation, the respondent may elect to abate or cease the violation for which the notice of ordinance violation was issued, pay the fine listed on the notice of ordinance violation, and not participate in the hearing.
(Ord. 12-0446, passed 5-8-2012; Ord. passed 9-9-2014; Ord. 16-0501, passed 6-7-2016)
In addition to or in lieu of the actions authorized under any other provision of the public nuisances subchapter, the county may request a court of competent jurisdiction for injunctive relief, a cease and desist order, or any other necessary or convenient relief to abate all nuisances.
(Ord. 12-0446, passed 5-8-2012)
Upon determination by the Enforcement Officer that a property is a chronic nuisance property, the Enforcement Officer shall cause to be served upon the owner of such property a notice that the property has been found to be a chronic nuisance property. If the owner of such property cannot be found after reasonable efforts, the notice required by this provision may be served upon the occupant of the property or upon the person or persons causing, permitting, or maintaining any then-existing nuisances on the property. The notice shall direct the recipient of the notice to abate or remove such nuisance within 24 hours or such time as is reasonable, and shall state that if the nuisance is not abated or removed in such time, the county may take appropriate action to abate or remove such nuisance at the sole cost and expense of the recipient of the notice.
(Ord. 12-0446, passed 5-8-2012)
The provisions of the public nuisances subchapter shall be separable. In the event any section, clause, or provision of the public nuisances subchapter is declared to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of the public nuisances subchapter not specifically included in said decision which shall remain effective, it being the intent of this County Board that the public nuisances subchapter would have been approved without such invalid provisions, clauses, or sections.
(Ord. 12-0446, passed 5-8-2012)
If the provisions of the public nuisances subchapter conflict with provisions found in any other adopted ordinances or regulations of the county, or with any federal or State of Illinois law, the more restrictive provision of ordinance or law will control. The inclusion of provisions in the public nuisances subchapter that are also contained in other Lake County ordinances or regulations does not negate the ability of the Enforcement Officer to enforce these provisions under the terms and authority of these other ordinances or regulations. However, in no case shall any provision contained in the public nuisances subchapter be enforced under the terms and authority of more than one Lake County ordinance or regulation.
(Ord. 12-0446, passed 5-8-2012)
Loading...