The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
BUILDING. Any walled or roofed structure including mobile homes, commercial establishments, factories, warehouses, dwellings, any structures, and any building excavations.
DANGEROUS BUILDING. Any building or structure which has any of the following defects or is in any of the conditions described shall be deemed a DANGEROUS BUILDING and any of the following described conditions shall be deemed unsafe:
(1) Any building, shed, fence or other manmade structure which is dangerous to the public health because of its construction or condition, or which may cause or aid in the spread of disease or cause injury to the health of the occupants of it or of neighboring structures;
(2) Any building, shed, fence or other man-made structure which, because of faulty construction, age, lack of proper repair or any other cause, is especially liable to fire, and constitutes or creates a fire hazard;
(3) Any building, shed, fence or other man-made structure which, by reason of faulty construction, age or lack of proper repair or any other cause, is liable to cause injury or damage by collapsing or by a collapse or fall on any part of such structure;
(4) Any building, shed, fence or other man-made structure which is unsecured due to lack or failure of doors or windows, is available to or frequented by persons who are not lawful occupants of such structure;
(5) Any building damaged by fire, storm or other casualty where the percentage of damage equals or exceeds 50% of the market value of the structure before the damage occurred regardless of any actual repair work performed.
DUMPSTER. A metal container of one cubic yard or more in volume with an attached lid for handling by mechanical means.
GARBAGE. The animal and vegetable matter resulting from the handling, preparation, cooking, consumption and storage of food; and any other matter of any nature whatsoever subject to decay which may putrefy or generate noxious or offensive odors, be a food source for rodents, or serve as a breeding or feeding place for insects or vermin.
JUNK, TRASH AND REFUSE. Shall include any and all waste matter, whether reusable or not, which is offensive to the public health and safety, specifically including, but not limited to:
(1) Worn out, wrecked and/or junk vehicles or machinery of any kind or any parts thereof;
(2) Used and waste tires;
(3) Old, inoperable or unused appliances including refrigerators, stoves, iceboxes, televisions and electronic equipment;
(4) Household furniture and other items of household personal property or refuse not properly contained within closed or sealed trash receptacles. Refuse contained within’ trash bags or other non-rigid trash containers shall not be considered to be contained within closed or sealed trash receptacles.
JUNK VEHICLE.
(1) A vehicle that requires registration and/or licensure to operate on public roadways which is not located within a fully enclosed garage and is without a current valid vehicle registration from the state of Illinois; or
(2) A vehicle, which, for a period of at least seven days, is incapable of being driven under its own power and is not located within a fully enclosed garage.
LITTER. Garbage and rubbish.
NUISANCE GREENERY. Any of the following shall be considered NUISANCE GREENERY.
(1) Weeds. Any weeds such as jimson, burdock, ragweed, thistle, cocklebur or other weeds of a like kind.
(2) Bushes. Any bush of the species of Tall, Common, or European Barberry, further known as Barberries Vulgis, or its horticultural varieties.
(3) Heights. Any weeds, grass, or plants, other than trees, bushes, flowers, garden plants or other ornamental plants that grow to a height exceeding ten inches.
(4) A tree, or a portion thereof, on private property which:
(a) Is infected or infested with Dutch elm disease, oak wilt disease, Asian long horned beetles, emerald ash borer, gypsy moths or any other disease or infestation which is deemed a nuisance by the Illinois Department of Agriculture or the United States Department of Agriculture;
(b) Is dead or partially dead and such dead portion, if fallen, would endanger improvements to neighboring property, users of public right of ways, or improvements of public utilities and service providers; or
(c) Is living and growing into, damaging or endangering improvements located on the subject property or nearby public right of ways, or neighboring property.
(5) Any and all vegetation coming up from foundations.
OWNER. Any agent, firm, corporation, or person who, alone, jointly or severally with others, has a legal or equitable interest in the property.
PERSON. Person means any individual, corporation, firm or any other group acting as a unit.
PUBLIC NUISANCE. Any of the following identified as a public nuisances per se shall constitute a public nuisance. In addition to any public nuisance per se, a PUBLIC NUISANCE may also be a thing, act, occupation, condition or use of property, which shall continue for such length of time as to:
(1) Substantially annoy, injure or endanger the comfort, health, repose or safety of the public;
(2) In any way render the public insecure in life or in the use of property;
(3) Greatly offend the public morals or decency; or
(4) Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way.
(‘72 Code, § 12.02(a))
PUBLIC NUISANCE PER SE. The following, nuisances affecting health, nuisances offending morals and decency, nuisances affecting peace and safety, and nuisance greenery are declared NUISANCES PER SE.
(1) NUISANCES AFFECTING HEALTH. The following acts, omissions, places, conditions and things are hereby specifically declared to be public health nuisances:
(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 decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal or any material in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed, or which may constitute a fire hazard;
(d) All stagnant water in which mosquitoes, flies or other insects can multiply;
(e) Garbage cans, which are not fly-tight;
(f) The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust within the city limits in such quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property;
(g) The pollution of any public well or cistern, stream, river, lake, canal or body of water or the obstruction of any watercourse, drainage ditch or ravine;
(h) Any use of property, substances or things within the city emitting or causing any foul, offensive, noise some, 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 city;
(i) Any well not securely covered or secured from the public or not properly abandoned;
(j) Any accumulation of junk, trash and refuse on any premises unless related to a business use permissible on such premises;
(k) The storage of any junk vehicle on public or private property or on a street or highway, except when housed in a fully enclosed building and not visible from any point outside the building where such storage is not otherwise authorized by the city; and
(l) The storage of any partially dismantled junk vehicle on public or private property or on a street or highway, except when housed in a fully enclosed building and not visible from any point outside said building, where such storage is not otherwise authorized by the city.
(2) NUISANCES AFFECTING PEACE AND SAFETY. The following acts, omissions, places, conditions and things are hereby declared to be public nuisances.
(a) All unauthorized signs, signals, markings or devices which purport to be or may be mistaken as official traffic control devices placed or maintained upon or in view of any public highway or railway crossing;
(b) All trees, hedges, billboards or other obstructions which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk;
(c) All limbs of trees which project over a public sidewalk less than eight feet above the surface thereof or less than ten feet above the surface of a public street;
(d) All use or display of fireworks except as provided by the laws of the state, any applicable provisions of this code and other ordinances of the city;
(e) Any dangerous building as defined above;
(f) All wires over streets, alleys or public grounds which are strung less than 15 feet above the surface of the street or ground;
(g) All loud and discordant noises or vibrations of any kind;
(h) All obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as permitted by the any applicable provisions of this code and other ordinances of the city or which, although made in accordance with such code provisions or ordinances, are kept or maintained for an unreasonable length of time after the purpose thereof has been accomplished;
(i) All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk;
(j) All abandoned refrigerators or iceboxes or any closed container from which the doors and other covers have not been removed or which are not equipped with a device for opening from the inside by pushing with the strength of a small child; and
(k) Any structure, material or condition which constitutes a fire hazard or will impair extinguishing a fire.
(l) The placing of any obstruction, including but not limited to, greenery, landscape waste, debris or other fill in a city storm sewer, or city maintained waterway, or a nonpublic waterway providing drainage which connects to a natural drain outlet lying between Oakdale Street on the west side of Marseilles, Milton Road on the east side of Marseilles, Twelfth Street on the north side of Marseilles and River Street on the south side of Marseilles.
(m) The discharge of storm water into a sanitary sewer by any means including the discharge of water into a sanitary sewer from a roof, sump pump or foundation drain.
(3) NUISANCE GREENERY. Any of the following shall be considered nuisance greenery:
(a) Weeds. Any weeds such as jimson, burdock, ragweed, cocklebur or other weeds of a like kind.
(b) Bushes. Any bush of the species Tall, Common, or European Barberry, further known as Barberries Vulgis, or its horticultural varieties.
(c) Heights. Any weeds, grass, or plants, other than trees, bushes, flowers, garden plants or other ornamental plants that grow to a height exceeding eight inches.
(d) A tree, or a portion thereof, on private property which:
1. Is infected or invested with Dutch elm disease, oak wilt disease, Asian long horned beetles, emerald ash borer, gypsy moths or any other disease or infestation or invasive species which is deemed a nuisance by the Illinois Department of Agriculture or the United States Department of Agriculture.
2. Is dead or partially dead and such dead portion, if fallen, would endanger improvements to neighboring property, users of public right-of-ways, or improvements of public utilities and service providers.
3. Is living and growing into, damaging or endangering improvements located on the subject property or nearby public right-of-ways, or neighboring property.
(4) NUISANCES OFFENDING MORALS AND DECENCY. The following acts, omissions, places, conditions and things are hereby specifically declared to be public nuisances:
(a) Any place or premises kept or resorted to for the purpose of prostitution or gambling;
(b) All gambling devices and slot machines not otherwise licensed by the State of Illinois and approved by the City of Marseilles; and
(c) All places where intoxicating liquor or fermented malt beverages are sold, possessed, stored, brewed, bottled, manufactured or rectified without a permit or license as provided for by this code.
PUBLIC PLACE or WAY. Any and all streets, sidewalks, boulevards, alleys, public grounds or public buildings.
ROADWAY. That portion of a street or highway improved, designed, or ordinarily used for vehicular traffic.
RUBBISH. Non-putrescible solid waste consisting of both combustible and noncombustible waste, such as paper, wrappings, cigarettes, cardboard, metal cans, yard clippings, dead trees, tree limbs, wood, glass, discarded furniture, concrete, bricks, crockery, and similar materials. However, rubbish shall not include wood and other materials that are stored and commonly used for fuel.
(Ord. 1417, passed 6-16-10; Am. Ord. 1579, passed 9-2-15; Am. Ord. 1628, passed 3-15-17; Am. Ord. 1670, passed 6-6-18; Am. Ord. 1682, passed 9-19-18)