(a) Declaration of Nuisance. Any tree, shrub, plant, weed, trash, debris, excessive accumulation of snow and ice on a sidewalk or right-of-way, refuse, filth or other noxious material which endangers public property or the health or safety of the public is hereby declared to be a public nuisance.
(b) Habitual Nuisance Declared. Any land or portion of land that is the subject of three violation notices in an eighteen month period is hereby declared to be a habitual nuisance. For the purpose of this chapter, appearance tickets or other court citations shall be prima facia evidence of "habitual nuisance".
(c) Responsible Party. For the purpose of this chapter, the responsible party for nuisance violations outlined herein shall be the owner, possessor or occupant of the parcel of real estate upon which a citation for nuisance has been declared.
(d) Prohibited Conditions. No owner, possessor or occupier of land, and no person having charge of any land in the City, shall allow the accumulation thereon of trash, debris or refuse, or excessive snow and ice on a sidewalk or right-of-way that impedes pedestrian traffic, or shall allow the non-woody surface vegetation growing thereon to exceed eight inches in height or yield seed that may spread to adjoining property.
For the purposes of this subsection, "land" shall include any alley or other way adjacent or appurtenant to said land, whether vacated or otherwise.
(e) Removal by Owners, Occupants, Etc.
(1) Every owner, possessor or occupant of land, and every person in charge of any land in the City, shall remove, destroy or cut, or cause to be removed, destroyed or cut, all dead or diseased trees, Canadian thistle, milkweed (asclepias cornutus), wild carrots, oxeye daisies or other noxious weeds, shrubs or plants growing thereon in such a manner as will effectively prevent such weeds, shrubs or plants from bearing seed or spreading to adjoining property, and, as necessary, shall cut or remove non-woody surface vegetation to prevent growth from exceeding eight inches in height.
(2) Every owner, possessor or occupant of land, and every person in charge of any land in the City, who allows the unlawful accumulation of materials set forth in subsection (b) hereof to remain on such land, shall cause the same to be removed, destroyed or cut in the manner provided for in this chapter.
(f) Violation a Municipal Civil Infraction. Any violation of this chapter and parts thereof shall be a municipal civil infraction.
(g) Penalties. Upon a finding of responsibility for the first offense violation of this chapter, the penalty shall be a fine in the amount of one hundred dollars ($100.00) and abatement of the nuisance within seven days. For a second offense within a 12-month period; a fine in the amount of two hundred fifty dollars ($250.00) and abatement within three days shall be the penalty. Upon a finding of responsibility for a third and any subsequent violation of the section, the fine shall be five hundred dollars ($500.00) and immediate abatement by the City of Lincoln Park.
(Res. 2017-76A. Passed 3-6-17.)
(h) Removal by City. If an owner, possessor, occupant or other person, upon notification of need to abate, or upon issuance of a citation, fails to comply with the removal, destruction or cutting required by this section within the prima facia indicated on the notice to abate or on the citation, the Police Chief or his/her designee shall cause the work to be done. The cost of abatement shall be charged against the premises and the owner in accordance with provisions of this chapter and Section 44 of Chapter IX of the Charter. The City Treasurer shall collect such sums of money as are certified for the abatement thereof. The City may also file a “notice of furnishing” or “mechanic lien” when appropriate, against the title of said property, to assure collection for services performed.
(Res. 10-15A. Passed 2-16-10. Eff. 2-24-10; Res. 2017-76A. Passed 3-6-17.)
(i) Right of Entry for Removal. The Chief of Police, or his/her designated representative, is hereby authorized to enter upon any premises in the City for the purpose of removing or destroying noxious weeds, brush, grass, shrubs, plants, trees, snow, ice, non-woody surface vegetation, debris, refuse, filth or other noxious materials under this chapter which endangers public property or the health, safety and welfare of the public.
(Res. 10-15A. Passed 2-16-10. Eff. 2-24-10.)
(j) Date for Removal and Assessment of Costs for Removal. Removal and abatement shall occur on or after seven days notice as indicated on a notice of need to abate or remove said noxious accumulations for a first offense, or upon conviction for said offense in the District Court. Removal and abatement shall occur on or after three days’ notice as indicated on a notice to abate or remove said noxious accumulations for a subsequent offense within a 12-month period, or upon conviction for said offense in the District Court.
(Res. 96-240. Passed 4-29-96; Res. 98-377A. Passed 9-8-98; Res. 04-671A. Passed 1-18-05; Res. 2017-76A. Passed 3-6-17.)