(A) Weeds are hereby declared to be a nuisance.
(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEVELOPED PROPERTY. Any property that has been improved by the installation of a building, home or other physical improvements, including, but not limited to streets, utilities and the like.
OBSTRUCTION. Anything that may impede access of mowing or other equipment to part or all of a property to keep the property free from weeds. An OBSTRUCTION shall include, but not be limited to the following:
(a) Piles or mounds of dirt;
(b) Piles or mounds of trash;
(c) Piles or mounds of building material or concrete curb cut out;
(d) Brush or underbrush; and
(e) Natural terrain.
OWNER. Any person who is recognized and held responsible by the law as the owner of property.
PERSON. Any individual, firm, partnership, corporation, business unit, society, association or other legal entity, any public or private institution, the state or any municipal corporation or political subdivision of the state or the United States of America.
PERSON IN CHARGE. The owner, lessee or agent in charge of or any other person responsible for the property.
PREMISES. Property, real estate, developed property, vacant property and the undeveloped vacant property located within the city.
PROPERTY. Real property, real estate and/or premises.
REAL ESTATE. Property, real property and/or premises.
REGULARLY CULTIVATED. Any plant which is routinely cared for by any person to foster the plant’s growth.
UNDEVELOPED VACANT PROPERTY. Any property one acre or more in size that has not been improved by the installation of a building, home or other structural improvements.
VACANT PROPERTY. Any property of less than one acre in size that has not been improved by the installation of a building, home or other structural improvements.
WEEDS.
(a) Any brush, grass, vegetation, weed or any plant, that is not regularly cultivated, that exceeds a height of five inches or has reached the seed bearing stage, whichever occurs first, or is a noxious weed, as defined by ILCS Ch. 505, Act 100, § 2(5). Any plant that is not regularly cultivated which exceeds five inches in height, reaches the seed bearing stage, or is a noxious weed, as defined by ILCS Ch. 505, Act 100, § 2(5), shall be presumed to be objectionable, unsanitary and unsightly.
(b) WEEDS shall not include plants in a maintained wildflower garden, vegetable garden or in areas designated by the city as agricultural, conservation, wildlife or nature areas or zones provided that appropriate measures shall be taken to eliminate noxious weeds therein, as defined in ILCS Ch. 505, Act 100, § 2(5).
(C) The owner and the person in charge of any property in the city shall keep or cause to be kept the property free from weeds, except as provided in divisions (D) and (E) below.
(D) The owner and the person in charge of undeveloped vacant property under two acres shall be required for the public health, safety and welfare to keep the property within 100 feet from any adjacent premises under different ownership and any street right-of-way free of weeds, in addition to any area of the property which is not obstructed as may be determined by the Fire Department.
(E) Except as provided in division (D) above, undeveloped vacant property consisting of two acres or more, including undeveloped and contiguous lots in subdivisions which, when combined in area, exceed two acres, shall be considered agricultural property and be exempt from cutting or mowing, except as hereinafter provided. The owner and person in charge of each such agricultural property, when the property is not under cultivation for agricultural purposes, shall maintain an area of ten feet from the abutting property lines and the right-of-way line of public or private streets or alleys free of weeds.
(F) Property within the city which fails to meet the requirements of this chapter upon its effective date, shall be subject to having work or improvements performed on the property by the city or its designated agent at the owner’s expense and by having the expenses assessed on the property as set forth in ILCS Ch. 65, Act 5, § 11-20-7 and in this section.
(G) The existence of weeds on property in the city in violation of the requirements of this section shall be prima facie evidence that the owner and/or person in charge of the property has refused or neglected to cut the weeds.
(H) (1) As provided in ILCS Ch. 65, Act 5, § 11-20-7, the cost of the cutting of weeds shall be a lien upon the property affected, superior to all other liens and encumbrances, except tax liens, provided that within 60 days after the cost and expense is incurred the city or the person performing the service by authority of the city, in his, her or its own name, files notice of lien in the office of the Recorder in the county in which the real estate is located. The notice shall consist of a sworn statement setting out:
(a) A description of the property 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 the cost and expense was incurred by the city.
(2) However, the lien of the city shall not be valid as to any purchaser whose rights in and to the property have arisen subsequent to the weed-cutting and prior to the filing of the notice, and the lien of the city shall not be valid as to any mortgagee, judgment creditor or other lien or whose rights in and to the real estate prior to the filing of the notice. Upon payment of the cost and expense by the owner of or persons interested in the property after notice of lien has been filed, the lien shall be released at the owner’s or person’s sole cost by the city or person in whose name the lien has been filed and the release may be filed of record as in the case of filing the notice of lien.
(3) The cost of the cutting of weeds shall not be lien on the property affected unless a notice is personally served on or sent by certified mail to the person to whom was sent the tax bill for the general taxes on the property for the last preceding year. The notice shall be delivered or sent after the cutting of weeds on the property. The notice shall state the substance of this section and shall identify the property, by common description, and the location of the weeds to be cut.
(I) (1) In addition to all other remedies and penalties provided by this section and other ordinances, the City Attorney or his or her designee may bring suit in a court of competent jurisdiction against the owner and/or person in charge to seek an injunction or other appropriate relief to halt any violation of this section.
(2) The action may include seeking a temporary restraining order or temporary injunction and other appropriate temporary relief.
(3) Nothing in this section shall be deemed to restrict a suit for damages on behalf of the city or on behalf of any other person or entity.
(Ord. 1366, passed 6-17-1997) Penalty, see § 95.99