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Whenever, in the opinion of the officer of the city entitled to give notice pursuant to this chapter, the maintenance or continuation of a nuisance creates an imminent threat of serious or unreasonable injury to person or serious or unreasonable damage to personal or real property, the officer may immediately proceed to abate the nuisance in any reasonable manner if circumstances do not allow implementation or full implementation of ordinary abatement procedures as set forth in § 95.02. Whenever the owner, occupant, agent or person in possession, charge or control of the real or personal property which has become a nuisance is unknown or cannot readily be found or circumstances do not allow, the officer may proceed to abate the nuisance without notice. Any reasonable order may be entered by the official to abate a nuisance summarily when circumstances require and may include, but shall not be limited to, prohibiting occupancy of a structure. A copy of the order or other notice thereof may be posted on the real or personal property involved. It shall be unlawful for any person to disobey, remove or deface any order or notice. Where the abatement of the nuisance requires continuing acts by the corporate authorities beyond the initial summary abatement or any other additional summary abatement, it may seek abatement of the nuisance on a permanent basis through a court order as soon as reasonably possible.
(Ord. 2016-11, passed 8-22-2016)
(A) Generally. Whenever the city is required to abate or remove a nuisance pursuant to this chapter or as otherwise allowed by ordinances of the city, the costs or expenses shall be a lien on the property to which they apply. If the property is personal property, the lien shall be on the real estate on which or at which the personal property is located. The city may collect the costs and expenses thereof in accordance with this section, in accordance with ILCS Ch. 65, Act 5, § 11-20-15, or by use of the Local Debt Recovery Program administered by the State of Illinois.
(B) Determination of costs. The determination of costs of abatement shall be made by the City Clerk or his or her designee. The determination shall equal the actual costs of abatement or removal provided that the costs, if performed by employees of the city, shall not be less than $150 total. The costs of abatement shall also include the actual costs of mailing or serving documents, recording documents and any other incidental expenses.
(C) Notice of cost. Within 60 days after the costs or expenses are incurred to abate or remove a nuisance, the City Clerk or his or her designee shall give, or cause to be given, a statement notifying the person to whom or which the notice to abate a nuisance was sent, setting forth the cost or expenses incurred by the city to abate or remove the nuisance. The notice shall also identify the parcel by common description and describe the removal or abatement activity, The notice shall include a copy of ILCS Ch. 65, Act 5, § 11-20-15 and of this section. The notice shall be served personally or by certified mail upon the person to whom the tax bill for general taxes was sent for the tax year immediately preceding the removal activity.
(D) Notice of lien. Within 60 days after the City incurs cost and expense in abatement of any nuisance, the city or any person performing the service by authority of the city, in his, her or its own name, shall be entitled to a lien upon the real estate affected, superior to all other liens and encumbrances except tax liens, and prior recorded liens or encumbrances in reference to grass and weed cutting and superior to all subsequent liens and encumbrances, except tax liens, in reference to abatement of all other nuisances. A notice of lien shall be filed within 60 days in the office of the County Recorder.
(1) The notice shall consist of a sworn statement setting out the following:
(a) A description of the real estate sufficient for identification thereof;
(b) The amount of money representing the cost and expenses incurred or payable for the service; and
(c) The date or dates when such cost and expense was incurred by the municipality.
(2) The notice of the lien shall be enforced and may be released in the manner which is provided by the applicable statute. A copy of the lien notice shall be 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. Attached to any such notice shall be a copy of ILCS Ch. 65, Act 5, § 11-20-7 as well as a copy of the applicable provision of this chapter. For purposes of this division (D), the notice of cost, as provided in division (C) of this section, when sent or delivered as aforesaid shall be sufficient to meet the requirements of the notice of lien as provided herein.
(E) Certification. If the notice of cost is not paid within 30 days after the date thereof, the City Clerk or his or her designee may certify the same to the County Clerk of the county or place the matter for collection with the Local Debt Recovery Program administered by the State of Illinois. The certification shall contain, to the best of the knowledge and belief of the City Clerk, the name of the owner of the real estate as disclosed on the tax records of the county, a description of the real estate sufficient for identification thereof, the real estate tax number of the real estate and the amount of the costs and expenses incurred. In determining the last date for filing the certification, the last date of payment within the 30 days prescribed shall apply rather than the date the work is performed or the notice originally given. The amount so certified shall be deemed to be levied by the city as an individual assessment against the property involved. No further action need be taken by the corporate authorities to levy the amount.
(F) Extension of assessment. The County Clerk of the county shall extend, in the same manner as other taxes relative to real estate, an individual assessment equal to the total of the amount certified to the County Clerk by the City Clerk of the city. The assessment shall be collected in the same manner as other taxes and paid to the city.
(G) Recorded notice of assessment. In addition to filing the above certificate with the County Clerk, the City Clerk, if not collecting through the Local Debt Recovery Program administered by the State of Illinois, shall cause a notice of the assessment to be filed in the office of the Recorder of Deeds in the county at that time. The notice shall certify the description of the real estate sufficient for identification thereof and the amount of the assessment. The recorded copy of the certification to the County Clerk shall be considered sufficient.
(H) Bona fide purchasers. The claim of the City pursuant to these provisions shall not be valid as to any purchasers for good and sufficient value and without notice whose rights in and to the real estate have arisen subsequent to the abatement or removal of the nuisance and prior to the filing of the notice with the Recorder of Deeds in the county. If the City Clerk is notified of the existence of a bona fide purchaser for value, the Clerk, or the Clerk’s designee, shall, if satisfied that the purchaser is bona fide, abate the individual assessment. The assessment may also be abated if earlier paid. Notice of abatement shall be filed with the County Clerk and Recorder of Deeds of the county. The abatement shall not terminate any claim against the prior owner of the real estate.
(I) Other remedies. The above divisions shall not limit any other remedies of the city to collect costs or expenses. A court may, when considering a charge of violating this chapter, order payment of the charges incurred by the city, including attorney’s fees incurred by the city. The city may also enforce a lien as in cases of foreclosure.
(Ord. 2016-11, passed 8-22-2016)
No person or entity shall abandon or discard in any place accessible to children within the city any refrigerator, ice box or ice chest of a capacity of one and one-half cubic feet or more, which has an attached lid or door. Further, no owner, lessee or in apparent control, possession, or charge of any such place shall knowingly permit such abandoned or discarded refrigerator, ice box or ice chest to remain there in such condition. Such activity shall also constitute a public nuisance and shall be subject to all remedies and penalties provided in this chapter.
(Ord. 2016-11, passed 8-22-2016) Penalty, see § 95.99
Charges incurred by the city for removal costs pursuant to § 95.05 or for removal costs incurred pursuant to ILCS Ch. 65, Act 5, § ll-20-7(d), ILCS Ch. 65, Act 5, § ll-20-8(d), ILCS Ch. 65, Act 5, § 1l-20-12(d) or ILCS Ch. 65, Act 5, § 1l-20-l3(e), or a securing or enclosing costs pursuant to ILCS Ch. 65, Act 5, § 11-31-1.01 with respect to an abandoned residential property shall become a priority lien, superior to all other liens and encumbrances except tax liens, upon the election of the City and upon adherence or compliance with ILCS Ch. 65, Act 5, § 11-20-15.1.
(Ord. 2016-11, passed 8-22-2016)
This chapter shall not limit any other rights or remedies of the city provided in this code or any other ordinance, statute, law, rule or regulation regarding the subject matter of this chapter. These remedies are deemed cumulative. In addition to the foregoing, a violation may be charged under the provisions of this chapter regardless of whether a notice to abate a nuisance has been given or whether the time to abate a nuisance has expired. It shall be sufficient in charging a violation of this chapter to merely cite “§ 95.01 (Nuisance)” or some equivalent; provided a court may subsequently direct a more specific pleading be filed.
(Ord. 2016-11, passed 8-22-2016)
(A) In the event the city begins a foreclosure action to enforce a lien including liens provided for in this chapter and in the Illinois Municipal Code, including but not limited to the following:
(1) ILCS Ch. 65, Act 5, § 11-20-15;
(2) ILCS Ch. 65, Act 5, § 11-20-15.1;
(3) ILCS Ch. 65, Act 5, § 11-31-1;
(B) Then the following shall be included in the amount to be recovered by the city in enforcing the lien:
(1) Reasonable attorney fees, costs and expenses incurred by the city in the foreclosure process, costs and expenses incurred by the city in preserving the property, expert witness fees, and all other court costs.
(2) Interest at the rate of 10% per annum from the time that the notice of lien was recorded with the County Clerk.
(Ord. 2019-03, passed 2-11-2019)
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