Section
95.01 Public nuisance defined
95.02 Public nuisance prohibited
95.03 Filing complaints; inspections; notice to abate; failure to abate; abatement by city; appeal
95.04 Cost of abatement as lien
95.05 Authority to issue failure to comply citations
95.06 Failure to comply citations; service, content, fine
95.07 Notices to appear
Cross-reference:
Public nuisance conditions involving trees, see § 99.77
(A) As used in this chapter, a
PUBLIC NUISANCE shall mean any act, thing, occupation, condition or use of property that 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 nuisance 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.
(B) PUBLIC NUISANCES shall include but not be limited to the following acts, conduct, omissions, conditions or things:
(1) All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public;
(2) Carcasses of household pets or other animals not buried or otherwise disposed of in a sanitary manner within 24 hours after death;
(3) (a) Accumulations of garbage in a manner in which flies, mosquitoes, disease-carrying insects, rodents, or other vermin may breed or may reasonably be expected to breed.
(b) For the purpose of this section,
GARBAGE means animal and vegetable waste resulting from the handling, preparation, cooking or consumption of food;
(4) (a) Accumulations of refuse in which disease-carrying insects, rodents or other vermin may breed or may reasonably be expected to breed.
(b) For the purpose of this section,
REFUSE means all putrescible and nonputrescible solid wastes, including garbage, rubbish, debris, ashes, street cleanings, dead animals, abandoned or inoperable automobiles, abandoned or inoperable household appliances, moveable furniture not designed for or modified to withstand the elements and outdoor use, solid market and industrial wastes;
(5) All stagnant water in which mosquitoes, flies or other insects can multiply;
(6) Containers with garbage or refuse which are not covered by solid, tight-fitting lids or which have any uncovered holes or for which at least weekly removal of garbage and refuse is not provided;
(7) Vegetation which:
(a) Harbors or aids in harboring rats, snakes or vermin;
(b) Which harbors or hosts diseases or insects which may reasonably be expected to injure other forms of life;
(c) Which are prohibited by law or ordinance, including but not limited to noxious weeds;
(d) Which by reason of its location or condition constitutes an imminent danger to any person or property;
(e) Which covers or hinders the removal of accumulations of junk, garbage and debris;
(f) Which is unmanaged and in excess of eight inches, provided cultivated flowers, ornamentals or food plants shall be presumed to be managed vegetation; provided further that vegetation in excess of eight inches shall be presumed unmanaged unless predominantly composed of cultivated flowers, ornamentals or food plants, including vegetation which interferes with or obstructs the passage on any street, alley or other public way;
(8) The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust in such quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property but excluding smoke emanating from residential fireplaces;
(9) The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, creamery or industrial wastes or other substances;
(10) Any use of property, substances or things emitting or causing any foul, offensive, noisome, 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;
(11) Any structure or building that is in a state of dilapidation, deterioration or decayed, whose renovation remains unfinished for more than three months, is of faulty construction, is open to intrusion, abandoned, damaged by fire to the extent as not to provide shelter, is extremely unsound, in danger of collapse or failure and endangers the health and safety of the public;
(12) Any inoperable vehicle or vehicle which lacks current, legal registration parked on private property; provided that such vehicles may be parked upon private property:
(a) If the vehicle is parked upon premises lawfully zoned for the business of repairing, wrecking or junking vehicles upon such premises; or
(b) If the vehicle is stored within a building and completely out of view of the public.
1. INOPERABLE VEHICLE shall mean any vehicle that is not in working order.
2. WORKING ORDER shall mean the vehicle is equipped and contains those parts in proper condition and adjustment necessary for its mechanical operation and also is equipped and contains such lamps, brakes, mirrors, windshields and other equipment in proper condition and adjustment as required by Chapter 12 of the Illinois Vehicle Code et seq. as now or hereafter amended.
(13) Dumpsters, trash containers or trash container stands located on a public way unless the dumpster is owned, leased or under the control of the city, provided further that trash containers may be placed on the public way only on the day the owner has the trash in the container scheduled for removal by a trash hauler;
(14) Such other actions, conduct, omissions, conditions or things defined or specified in this code as nuisances or as public nuisances;
(15) Conditions that are defined as a nuisance in this chapter located within a carport if the conditions are visible to the public from any public right-of-way;
(16) Conditions which are defined as a nuisance in this chapter and are located in an open garage if the conditions are visible to the public from any public right-of-way;
(17) Conditions which are defined as a nuisance in this chapter and are located on a front porch, back porch or balcony if the condition is visible to the public from any public right-of-way;
(18) Storage of motorized vehicles with over 400cc motor on front porches, back porches and balconies if the motorized vehicle is visible to the public from any public right-of-way; and
(19) Structures which fail to have the street number assigned displayed on at least one structure on the lot in a position easily observed and readable from the public right-of-way and Arabic figures at least three inches high and one-half inch wide and of contrasting color with the surface to which the number is affixed.
(20) The keeping or storage of building supplies, construction materials, landscaping materials, salvageable metals, lumber, bricks or blocks outside of a building, garage or shed.
(a) The keeping and storage of such materials shall be allowed if in compliance with a permitted use in a C4, General Commercial District or I, Industrial District zone listed in Chapter 159.
(b) The keeping and storage of such materials is also allowed during the construction and remodeling of a structure or property, however the items shall not be kept or stored longer than three months outside of a building, garage or shed.
(Ord. 2004-5182, passed 6-1-2004; Am. Ord. 2010- 5310, passed 9-7-2010; Am. Ord. 2016-5389, passed 9-6-2016)
(A) No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the city.
('68 Code, § 12.01) (Ord. 2004-5182, passed 6-1-2004)
(A) All complaints alleging the existence of a public nuisance shall be filed with the Nuisance Enforcement Coordinator or the Coordinator's designee.
(B) The Nuisance Enforcement Coordinator or the Coordinator's designee shall promptly inspect the premises or cause them to be inspected and shall make a written report of the findings of the inspection. Whenever practical, photographs of the premises shall be attached to the written report. The Nuisance Enforcement Coordinator or the Coordinator's designee shall keep all such written reports on file for at least three years.
(C) Upon determining that a public nuisance exists on private property and that there is danger to the public health, safety, peace, morals or decency, the Nuisance Enforcement Coordinator or the Coordinator's designee shall cause such a notice to be served on the owner or occupant of the private property where the public nuisance exists or upon the person causing, permitting or maintaining such nuisance or post a copy of the notice on the premises where the public nuisance exists.
(D) Such notice shall specifically describe the public nuisance and shall direct the owner or the occupant of the private property where the public nuisance exists or the person causing, permitting or maintaining such nuisance to abate or remove such nuisance within ten days of service or posting of the notice, except in regards to vegetation whereby abatement or removal shall be completed within three days of service or posting of the notice and except in regards to an inoperable or unlicensed vehicle whereby abatement or removal shall be completed within seven days of service or posting of the notice. If such owner, occupant or person cannot be located after reasonable inquiry, posting shall be sufficient notice. The notice shall state that unless such nuisance is so abated or removed the city will cause it to be abated or removed, that the cost thereof will be charged to the owner, occupant or person causing, permitting or maintaining the nuisance and that such cost shall be a lien on the real property where the nuisance was abated or removed. Such notice shall also state that the failure of such owner, occupant or person to abate the nuisance as required by such notice shall be deemed an implied consent for the city to abate or remove such nuisance. Such implied consent shall be deemed to form a contract between such owner, occupant or person and the city. If the public nuisance does not constitute a great and immediate danger to the public health, safety or welfare, the Nuisance Enforcement Coordinator or the Coordinator’s designee may serve the owner or occupant of such premises or the person in whose name such real estate was last billed for property tax purposes a notice to demand the abatement or removal of the violation within ten days. Service may be had by certified mail or personal service or by posting the notice on the property and mailing notice by first class mail.
(E) If a nuisance is not abated or removed after notice pursuant to this section and within the time specified in the notice, the Nuisance Enforcement Coordinator or the Coordinator's designee may cause the abatement or removal of such public nuisance. The reasonable cost thereof shall be a lien on the real property where the nuisance was abated or removed.
(F) The owner or occupant of the private property where the public nuisance exists who fails to abate or to remove the nuisance required by this section thereby consents under the terms of this section to have the city abate or remove the nuisance. Further, the owner or occupant thereby also consents to the formation of a contract between the owner and occupant and the city for the payment of costs in relation to abatement or removal of the nuisance.
(G) The person upon whom a notice to abate a nuisance is served, the property owner, tenant or other affected person may appeal the determination of nuisance in writing to the Nuisance Enforcement Coordinator or the Coordinator's designee. The written appeal must be made within the time period in which to abate the nuisance is given in the notice. The Nuisance Enforcement Coordinator or the Coordinator's designee shall meet with the appellant within five working days of the receipt of the written appeal. The Nuisance Enforcement Coordinator or the Coordinator's designee may extend the time in which the nuisance must be abated, determine that a nuisance does not or no longer exists or that the nuisance must be abated within the time period set out in the notice or immediately if the period has run. Provided, however, that if the nuisance was determined to be an emergency and that the opportunity for an appeal was not available due to the short period of time to abate the nuisance, an appeal may be heard after the abatement of the nuisance by the city. In that event, the Nuisance Enforcement Coordinator or the Coordinator's designee may determine that the appellant is liable for the costs or that upon good cause shown, that the appellant is not liable for the costs and that a lien shall not be filed by the city upon the property. The notice to abate shall contain a statement as to the right of appeal.
(Ord. 2004-5182, passed 6-1-2004; Am. Ord. 2010-5310, passed 9-7-2010; Am. Ord. 2010-5313, passed 12-7-2010)
(A) Whenever a bill for the reasonable costs of abatement or removal of a nuisance pursuant to this chapter remains unpaid for 30 days after it has been sent, the City Attorney and Treasurer or designee shall file a notice of lien with the County Recorder. Any notice of lien pursuant to this chapter shall be filed within 90 days after the cost and expense of abatement or removal of nuisance has been incurred by the city. The notice shall consist of a sworn statement setting out a description of the real estate sufficient for identification thereof, the amount of money representing the cost and expense incurred or payable by the city and the date or dates when such cost and expense was incurred by the city. However, any purchaser whose rights in such real estate have arisen subsequent to removal of the public nuisance and prior to the filing of such notice shall not be held liable for the costs of abatement or removal and the lien of the city shall not have priority as to any mortgage, judgment creditor or other lienor whose rights in and to such real estate arise prior to the filing of such notice.
(B) Costs and expenses under this chapter include but are not limited to the actual costs and expenses in time of city employees or city-authorized contractors and in materials concerning the actual actions of abatement of the nuisance pursuant to this chapter, transportation to and from the property, title searches or certifications, preparation of lien documents, foreclosures and other related expenses, including but not limited to reasonable attorney's expenses.
(C) A copy of the notice of lien shall be mailed by the City Attorney and Treasurer or designee to the owner of the property or to the occupant or to the person or persons in whose name such real estate was last billed for property tax purposes.
(D) The real estate subject to a lien for such an unpaid assessment of such costs and expenses may be sold for nonpayment thereof and the proceeds of the sale applied to pay the charges, after deducting costs.
(E) The City Attorney and Treasurer may institute proceedings in the name of the city in any court having jurisdiction over such matters against any property for which such costs and expenses have remained unpaid 30 days after a statement of such costs and expenses have been mailed to the property owner, to the occupant or to the person or persons in whose name the property was last billed for property tax purposes.
(F) Upon payment of the costs and expenses plus interest from the date 30 days after the bill was sent after notice of lien has been filed, the City Attorney and Treasurer or designee shall file with the County Recorder a release of the lien.
(G) If the payment of the city's costs of removal or abatement of the nuisance is not paid to the city within 30 days of filing of the notice of lien, the City Attorney and Treasurer is empowered to commence proceedings in the Circuit Court seeking a personal judgment from the owner of or persons interested in such property as noticed pursuant to § 95.03 at the time the complaint for removal or abatement was filed with the Circuit Clerk in the amount of such costs. Such action shall be based upon the implied consent for persons to form a contract for the removal or abatement of the nuisances. The action authorized by this section shall be in addition to and without waiver of any other remedy.
(Ord. 2004-5182, passed 6-1-2004)
(A) The City Attorney and Treasurer, Nuisance Enforcement Coordinator, Building Inspector, Police Chief and their designees are authorized to issue a failure to comply citation to any person who is committing or has committed any violations of § 95.01(B).
(B) A failure to comply citation may be issued for each day the violation continues.
(Ord. 2004-5182, passed 6-1-2004)
(A) A failure to comply citation shall be served by posting it on the property on which the violation is alleged to exist in a conspicuous place at the entrance door or avenue of access to the premises on which the alleged violation exists or by mailing a copy of the citation by certified mail to the last known address of the person in whose name the real estate taxes were last billed for the property on which the violation occurred or by delivering a copy of the same in person to the owner, occupant of the property or person in whose name real estate taxes for the property were last billed or by delivering it and leaving it in the possession of any person in charge of the premises on which the violation is alleged to exist.
(B) A failure to comply citation shall state the name of the person charged with the offense, the nature of the violation and instruct the person on the method of settling the claim.
(C) The citations issued under this section shall be a courtesy in lieu of arrest. The person issued a failure to comply citation may compromise and settle the claim by paying the sum of $50 and correction the violation prior to the issued court appearance. Any person issued any additional failure to comply citations alleging the same type of violation at the address within a 12-month period of the last violation may compromise and settle the claim prior to the person being charged by written complaint in accordance with the following schedule:
Second offense | $100 + court costs |
Third offense | $200 + court costs |
Fourth offense | $400 + court costs |
(D) Upon conviction, the person shall be subject to a fine of not less than $75 nor more than $750 for each violation for which the person was previously issued a failure to comply citation that was not paid prior to a complaint being filed with the Circuit Court.
(Ord. 2004-5182, passed 6-1-2004; Am. Ord. 2017- 539, passed 2-7-2017)
The City Attorney and Treasurer, Nuisance Enforcement Coordinator, Building Inspector Supervisor, Police Chief or their designees are authorized to issue a notice to appear to any person who is committing or has committed any violations of § 95.01(B).
(Ord. 2004-5182, passed 6-1-2004)