The following acts, omissions, places, conditions and things are hereby specifically declared to be public health nuisances, but shall not be construed to exclude other health nuisances coming within the definition of § 94.02 of this chapter:
   (A)   All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public.
   (B)   Carcasses of animals, birds or fowl not buried or otherwise disposed of in a sanitary manner within 24 hours after death.
   (C)   Accumulations of garbage, debris, decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, abandoned or disabled vehicles or machinery, scrap metal or any material in which flies, mosquitoes, other disease-carrying insects, rats or other vermin may breed.
   (D)   All stagnant water in which mosquitoes, flies or other insects can multiply.
   (E)   Garbage cans which are not fly tight.
   (F)   The burial of any person within the village limits except in an established cemetery.
   (G)   Unsanitary conditions in premises used in the sale of storage of food or drink.
   (H)   The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust within the village limits in the quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property.
   (I)   The pollution of any public well, stream, lake, canal or body of water by any substances.
   (J)   Any use of property, substances or things within the village emitting or causing any foul, offensive, nauseous, noxious, or disagreeable odors, effluvia or stenches extremely repulsive to the physical senses of ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the village.
   (K)   Any barn, stable or shed used for keeping animals.
   (L)   Any obstruction in or across any watercourse, drainage ditch or ravine.
   (M)   The deposit of garbage, rubbish or any offensive substance on any street, sidewalk or public place or on any private property.
   (N)   Any noxious weeds on private property, as defined in Chapter 5 of the Illinois Revised Statutes.
   (O)   The erosion of soil, whether by washing, blowing or falling across, into or upon roadways, driveways, walkways, sewers, ditches, gullies, embankments, rivers, streams, lakes or reservoirs unless an erosion plan has been submitted to and approved by the Village Engineer.
(Ord. 88-2-672, passed 2-22-88; Am. Ord. 89-9-716, passed 9-25-89)
   (P)   Trees affected with Dutch Elm Disease. Any tree of the species of elm, zelkova and planera, affected with the fungus Ceratosomella ulmi, as determined by laboratory analysis, is hereby declared to be a public nuisance, and shall be removed and burned within ten days following notification of the discovery of such infection. It shall be unlawful for any person, firm or corporation being the owner of property whereupon any such diseased tree is situated, to possess or keep such a tree after the expiration of ten days following notification of the discovery of said infection.
      (1)   Trees, or parts thereof, in a dead or dying condition, including stumps and wood in woodpiles, that may serve as breeding places for the European Elm Bark Beetle, Scolytus Multistriatus, are hereby declared to be public nuisances, and it shall be unlawful for the person, firm or corporation owning property whereon the same are situated to possess or keep the same.
      (2)   Any tree of any species which has fallen by reason of any windstorm, hurricane, tornado, or any other reason, is dangerous to the health and welfare of the residents of the village and is hereby declared to be a public nuisance and shall be removed and abated within ten days following the falling of such tree.
      (3)   The Police Chief and the Health Officer are hereby charged with enforcement of this division (P) and to that end may enter upon private property at all reasonable hours for purposes of inspecting such premises for the presence thereon of infected trees or of breeding places for the European Elm Bark Beetle as described above in this division (P) and may remove such samples, portions or specimens therefrom as are required for purposes of laboratory analysis to determine whether any tree thereon is infected. It shall be unlawful for any person, firm or corporation to prevent the Mayor or the Health Officer or their duly authorized representatives from entering upon private property for the purposes of carrying out the duties hereunder or to interfere with them in the lawful performance of their duties under the provisions of this section.
      (4)   The Health Officer or his representative shall give to the owner of the premises where the public nuisances described in divisions (P), (P)(1) and (P)(2) of this section are found, a written notice of the existence of such nuisance, and requiring the notice of the existence of such nuisance, and requiring the removal and burning of same within ten days following such notice, such removal and burning to be done under the direction and supervision of the Health Officer or his representative. The notice shall also notify the owner of said premises that unless such nuisance is removed and burned in compliance with the terms thereof within a ten-day period, the village will proceed with the removal and burning of such nuisance, and assess the cost thereof against the property owner.
      (5)   Service of such notice shall be by personal service where the owner of said premises is a resident of the village; where the owner is a nonresident, said notice shall be served by registered mail, addressed to said owner at his last known address, and by publication at least one time in a newspaper of general circulation of the village. It shall thereupon become the duty of the owner of said premises to cause such diseased tree or trees, breeding places, or fallen tree to be removed.
      (6)   Imposition of any penalty for a violation of this division (P) shall not be construed as a waiver of the right of the village to collect the costs of removal of such nuisances in accordance with the provisions of this division, where it is necessary for the village to remove such nuisances in accordance with the provisions of this division.
   (Q)   Waterfowl: The feeding of or making food available to migratory waterfowl (swans, geese, brant, river and sea ducks and any other waterfowl that generally follow a seasonal migration pattern) on publicly or privately owned land or water which results in the congregation or congestion of migratory waterfowl or in an accumulation of waterfowl feces or droppings.
(Ord. 68-0-138, passed 10-14-1968; Am. Ord. 97-11-1055, passed 11-10-1997)