(A) Inspection of premises. Whenever complaint is made to the Village President that a public nuisance exists, or has existed, within the village, he or she shall promptly notify the Village Marshal, or some other village official whom the President shall designate, who shall forthwith inspect or cause to be inspected the premises and shall make a written report of his or her findings to the President. Whenever practicable, the inspecting officer shall cause photographs to be made of the premises and shall file the same in the office of the Village Clerk.
(B) Summary abatement.
(1) Notice to owner. If the inspecting officer shall determine that a public nuisance exists on private property and that there is great and immediate danger to the public health, safety, peace, morals or decency, the Village President may direct the Village Marshal, or a Deputy Sheriff, to serve a notice on the owner, or, if the owner cannot be found, on the occupant or person causing, permitting or maintaining such nuisance and to post a copy of the notice on the premises. Such notice shall direct the owner, occupant or person causing, permitting or maintaining such nuisance to abate or remove such nuisance within 24 hours.
(2) Abatement by village. If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance cannot be found, the Village Marshal, the Superintendent of Public Works, or some other village official whom the President shall designate, may cause the abatement or removal of such public nuisance.
(C) Abatement by court action. If the inspecting officer shall determine that a public nuisance exists on private premises but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, he or she shall file a written report of his or her findings with the President, who shall cause an action to abate such nuisance to be commenced in the name of the village.
(D) Penalty. If the owner, occupant or person causing the nuisance within 24 hours of receiving notice pursuant to division (B) above, he or she, upon conviction thereof, shall be fined not less than $25, nor more than $500, for each offense and a separate offense shall be deemed committed on each day during or on which such nuisance is permitted to exist.
(E) Abatement of certain nuisances and recovery of costs. After reasonable notice to the property owner and the failure of the property owner to abate the public nuisance as described in said written notice, the village is authorized to perform or provide for property maintenance activities to abate certain public nuisances defined in this chapter or in the State Municipal Code in accordance with the village’s Municipal Code and/or the following provisions of the State Municipal Code, as amended:
(1) Pest control activities, as may be authorized by ILCS Ch. 65, Act 5, § 11-20-8;
(2) Removal of infected trees, as may be authorized by ILCS Ch. 65, Act 5, § 11-20-12; and
(3) Removal of garbage, debris and graffiti and related activities as authorized by of this chapter 12 and ILCS Ch. 65, Act 5, § 11-20-13.
(F) Charges for nuisance abatement. The village shall have the authority to collect from the property owner the costs incurred in performing the property maintenance activities to abate the nuisance as described in division (E) above. The village shall send a bill for the cost to the property owner, his agent, legal representative or occupant in legal possession or control of the premises and request immediate payment.
(G) Traditional lien procedure. If a bill sent pursuant to division (F) above is not paid in full within 30 days of the date of the bill, the village shall have the authority to file and record a lien against the property, pursuant to § 11-20-15 of the Illinois Municipal Code, ILCS Ch. 65, Act 5, § 11-20-15. If, for anyone property, the village engaged in any nuisance abatement activity described in division (E) above on more than one occasion during the course of one year, then the village may combine any or all of the costs of those activities into a single notice of lien. The lien must be filed in accordance with the lien procedure established by the specific code provision of which the property is alleged to be in violation or, if no such procedure exists, then the following procedure shall apply.
(1) Notice of lien.
(a) 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 Recorder of Deeds in the county in which the property is located.
(b) The notice of lien shall be filed within one year after the cost and expense is incurred.
The notice of lien shall consist of a sworn statement setting forth:
1. A description of the real estate that sufficiently describes the parcel;
2. The amount of the cost and expense incurred or payable for the activities; and
3. The date or dates when such cost and expense was incurred by the village or someone working on behalf of the village.
(c) After recording, the notice of lien shall be sent by certified mail 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 proceeding year.
(2) Release of lien. Upon payment of the cost 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.
(3) 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. An action to foreclose a lien under this section must be commenced within two years after the date of filing notice of lien. The property subject to a lien arising under this section shall be sold for non-payment of the same, and the proceeds of such sale shall be applied to pay the monies owing the village.
(Ord. 10-O-26, passed 10-14-2010)