(A) An abatement action under this chapter is a remedy cumulative to other remedies at law and equity. Injunctive relief may be sought to prevent or restrain violations of this chapter. An abatement action in no way preempts, supersedes or bars civil or criminal prosecution for violation of this chapter or any other applicable building, property maintenance, fire prevention, health or public safety regulation. The commencement of a nuisance abatement action is not a condition precedent to the initiation of civil or criminal prosecution or any other remedy. Failure to adhere to the procedure prescribed in this section shall not bar relief or remedy if such failure causes no prejudice and merely constitutes harmless error.
(B) The following shall be the procedure for the abatement of nuisances within the jurisdiction of the Village:
(1) Notice. Notice shall be given to the owner of the nuisance or of the property on which the nuisance exists. For purposes of this chapter, the person to whom the last general tax bill on the property was sent shall be presumed to be the owner. Personal service, or notice by regular mail and posting of notice on the front entrance to the structure or similar location shall be deemed sufficient, legal notice to the owner and all other responsible parties. If there is no structure on the property, a sign may be posted anywhere on the premises.
(2) Contents of notice. The notice shall state the location and nature of the nuisance. It shall apprise the owner that if the nuisance is not abated within a specified number of days, the Village shall, at the expense of such owner, have such nuisance abated. Five days shall be such specified number indicated in the notice, unless otherwise stated in this Code, or the public health and safety require a shorter abatement period. The obligations of the owner are continuing obligations which are effective for 1 year from the date of the notice, which date shall be the last date the notice was mailed or the date the notice was posted, whichever comes last.
(3) Abatement. If upon the giving of notice, the owner fails to abate said nuisance within the time and in the manner specified in the notice, the Village may cause the nuisance to be abated, as it deems appropriate. The cost of the abatement shall be assessed against the owner of the land upon which the nuisance is located. The amount of such costs shall be paid by such owner to the Village.
(4) Summary abatement. If the nuisance is of such threat to the welfare, safety and comfort of the community that it must be abated immediately, the Village Manager is hereby authorized to take whatever steps are necessary to effect the abatement of same regardless of the requirements herein.
(1997 Code, § 12.03) (Am. Ord. CO-2015-15, passed 7-26-2016; Am. Ord. CO-2023-34, passed 8-8-2023)