(A) Requirements.
(1) The owner, occupant or lessee of any premises in the Village shall remove from his property or otherwise dispose of all garbage, ashes, rubbish, debris and refuse and shall keep the property free and clear of any accumulation of same.
(2) Pending disposal of garbage from any premises, the garbage shall be deposited in watertight containers with close fitting covers. Pending disposal from any property, cans, bottles, metalware and similar inorganic household rubbish shall be deposited in rigid containers. All garbage and refuse shall be so stored as not to invite insects or rodents or be unsightly or a nuisance.
(3) No person shall dump, deposit or place any garbage, rubbish, trash or refuse upon any street or public place or upon any public or private real property not owned by that person without the consent of the owner or person in possession of the real property, except at any dump site which may be authorized by the Board of Trustees. Any person found to be in violation of this division (A)(3) shall be subject to a fine of $750 for each such violation.
(4) No person shall bury any garbage within the Village.
(B) Nuisance. Garbage, ashes, rubbish, debris and refuse existing on property and not in compliance with the above requirements is a public nuisance.
(C) Notice prior to abatement. The Village shall give to the owner of the property where such public nuisance is found a written notice of the existence of such nuisance and requiring the removal of such nuisance within 10 days following such notice. The notice shall also notify the owner of the property that unless such nuisance is removed or compliance otherwise achieved within such 10-day period, the Village will proceed with the removal of such nuisance, and assess the cost thereof against the property owner. Service of such notice shall be by personal service or by certified mail to the person to whom was sent the tax bill for the general taxes for the last preceding year on the property.
(D) Post-abatement notice; lien.
(1) Should the Village abate the nuisance through removal, the cost of such removal shall be a lien upon the property affected, superior to all other liens and encumbrances, except tax liens; provided that notice prior to abatement has been given as herein described, and the owner fails to pay the cost and expense incurred following receipt of a post-abatement notice stating the substance of this section, identifying the property by common description, and describing the removal activity. Service of such post-abatement notice shall be by personal service or by certified mail to the person to whom was sent the tax bill for the general taxes for the last preceding year on the property. A notice of lien shall be filed within 1 year after an unreimbursed removal cost and expense is incurred the Village. Notices of lien may be filed by the Village, or person performing the removal by authority of the Village, in his or its own name, and shall be filed in the office of the Recorder of Deeds of Cook County. The notice of lien 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 removal, including the related administrative costs and activities;
(c) The date or dates when such cost and expense was incurred by the Village.
(2) However, the lien shall not be valid as to any purchaser whose rights in and to such property have arisen subsequent to the removal and prior to the filing of such notice, and the lien shall not be valid as to any mortgagee, judgment creditor or other lien or whose rights in and to such property arise prior to the filing of such notice.
(E) Release of lien. Upon payment of the cost and expenses, including those costs provided for in § 92.23, by the owner of or persons interested in such property after notice of lien has been filed, the lien shall be released by the Village or person in whose name the lien has been filed and the release may be filed of record as in the case of filing notice of lien.
1997 Code, § 12.09) (Am. Ord. CO-2016-15, passed 7-26-2016; Am. Ord. CO-2023-14, passed 4-18-2023)
Cross-reference:
Dumping of garbage upon real property; impoundment of motor vehicle, see § 99.27