(a) Purpose. The purpose of this section is to protect the public health, safety, and welfare by preventing the spread of noxious weeds and other plants releasing dangerous pollens into the atmosphere, by reducing the danger of conflagration by fire or explosion, by reducing obstruction to vision of the traveling public from weeds and grasses and shrubbery, and by preventing blighting influences to neighborhoods that uncontrolled and unkempt weeds and grasses and shrubbery present.
(b) Definitions. The terms and phrases as used in this section shall be construed according to their commonly accepted meanings except that the following terms and phrases shall have the meaning ascribed to them herein:
(1) Agricultural or farm land
shall mean the same as that assigned to "farm" in Sec. 35-1102(b)(55) of the Moline Zoning Ordinance.
(2) Ground cover
shall mean any plant whose horizontal dimension tends to exceed its vertical dimension and which is easily propagated without the benefit of windy or downy seeds or the release of harmful pollens into the atmosphere and is generally used because grass is difficult to propagate at the site.
(3) Noxious weed
shall mean any plant declared by the State of Illinois to be a noxious weed pursuant to 505 ILCS 100/1 et seq.
(4) Open space
shall mean any land more than two (2) acres in area and used actually and exclusively for maintaining or enhancing natural or scenic resources, protects air or streams or water supplies, promotes conservation of soil, wetlands, beaches, or marshes, including ground cover or planted perennial grasses, trees and shrubs and other natural perennial growth trees and shrubs, and including any body of water, whether man-made or natural, conserves landscaped areas, such as public or private golf courses, enhances the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations, sanctuaries, or other open spaces, or preserves historic sites. Land is not used for open space purposes within the meaning of this section if it is used primarily for residential purposes.
(5) Owner
shall have the same meaning as ascribed to it in Sec. 1-1101 of the Moline Code of Ordinances; however, when the area over which ownership is alleged is public right-of-way which is unimproved or which is commonly known as the boulevard or parkway, "owner" shall mean the owner of the real property immediately adjacent or abutting thereto.
(6) Property
shall mean all real property as defined in Section 1-1101 of the Moline Code of Ordinances and shall also include within its definition the area of public right-of-way immediately adjacent to or abutting said real property which right-of-way is unimproved or is commonly known as the boulevard or parkway.
(7) Tenant or occupant
shall have the same meaning as ascribed to them in Sec. 1-1101 of the Moline Code of Ordinances, however, when the area over which tenancy or occupation is alleged is public right-of-way which is unimproved or which is commonly known as the boulevard or parkway, "tenant" or "occupant" shall mean the tenant or occupant of the real property immediately adjacent or abutting thereto.
(c) Declaration of Nuisance. All noxious weeds are hereby declared a public nuisance. In addition, all other weeds and grass allowed to grow to a height of more than ten inches (10”) are hereby declared a nuisance, and all shrubbery growing on or standing uncut or otherwise uncontrolled on any property so as to constitute an obstruction to the traveling public in the City is hereby declared a public nuisance. No owner, lessee, or occupant of any property within the City shall allow any such public nuisances to exist or grow on said property or property controlled by such person(s).
(Ord. No. 2002-03-03; Sec. 32-1100 (c) repealed; new Sec. 32-1100 enacted; 03/19/02)
(d) Exceptions. Subsection (c) above, except for the provision dealing with noxious weeds, shall not apply to agricultural or farm land or open space; shall not apply to ground cover; and shall not apply to areas such as ravines, terraced slopes, and other areas with steep slopes on which sound erosion control practices would require the propagation of dense vegetation.
(e) Notice to Abate.
(1) Once per week for two consecutive weeks in the month of April, and once per week for two consecutive weeks in the month of May, of each year, the City shall cause to be published in a newspaper of general circulation in the City, a public notice, published in advertising format in the following or a substantially similar form:
“CITY OF MOLINE
PUBLIC NOTICE OF WEEDS, GRASS, SHRUBBERY and GARBAGE OR DEBRIS
NUISANCE VIOLATIONS AND ABATEMENT”
1) All noxious weeds are declared a nuisance;
2) All weeds and grass allowed to grow to a height of more than ten (10) inches are declared a nuisance;
3) All shrubbery growing or standing uncut or otherwise uncontrolled on property so as to constitute an obstruction to the traveling public is declared a nuisance;
4) Refusal or neglect to remove garbage or debris from private property is declared a nuisance.
If the City observes such nuisances, it will send one (1) written notice to the property owner, tenant or occupant describing the property and directing the owner, tenant or occupant to remove the nuisance within seven (7) days from the notice’s date. If the nuisance is not removed, the City will remove the nuisance and assess a one hundred dollar ($100.00) administrative fine plus the actual costs of removal against the owner, tenant or occupant, and additionally the City may initiate an ordinance violation prosecution in Circuit Court or before the Municipal Code Enforcement System (MUNICES). If a second violation occurs within the same calendar year, the City will take action to abate the nuisance without sending notice to the owner, tenant or occupant, and the same costs, fines and penalties will be assessed.
(2) Any officer or employee of the City charged with the duty to inspect public rights-of-way or private property or housing or dangerous buildings, upon observing the existence of such a public nuisance or any plants located on property so as to constitute an obstruction to the vision of the traveling public, shall have the duty to issue to the owner, tenant or occupant of property upon which such public nuisance exists or such plants are located a written notice entitled, “Notice to Abate Public Nuisance.” The notice shall describe the property upon which such public nuisance or obstruction exists and shall describe the nature of the public nuisance or obstruction and shall direct the owner, tenant, or occupant to abate the public nuisance or obstruction within seven (7) days from the date of the notice, or as hereinafter provided. In addition to the public notice set forth in subsection (1) above, the first notice to the owner, tenant or occupant in a calendar year shall be the only notice provided before the City takes action to spray, cut or otherwise remove weeds, grass, shrubbery, and/or garbage or debris in violation of this section. The notice shall contain the following or a substantially similar warning:
“In addition to the public notice published in the newspaper during April and May of this year, this notice shall serve as the City’s sole notice to you that if there are any additional occurrences of the accumulation of garbage or debris, growth of weeds and grass in excess of ten (10) inches in height, or any other public nuisance as defined under Sec. 32-1100(c), “Declaration of Public Nuisance,” or Sec. 21-1100(22), “Garbage and Debris,” such public nuisance or obstruction will be cut, sprayed or otherwise removed at the direction of the Code Compliance Division and the owner, tenant, or occupant will be assessed the cost of same as provided in Sec. 32-1100(i) without any additional or further notice and without any further waiting period after the complaint has been received by the Code Compliance Division.
“PLEASE TAKE NOTICE AND GUIDE YOURSELF ACCORDINGLY””
(3) Upon the issuance of one (1) notice to abate to the property owner, tenant or occupant in one (1) calendar year, the City has the option, but is not required, to file suit in the Rock Island County Circuit Court, praying for a judicial determination that upon subsequent violations of Sec. 32-1100 or Sec. 21-1100(22), no additional notices by the City are required prior to affecting compliance by cutting, spraying, or otherwise removing, at the direction of the Code Compliance Division, and the owner, tenant, or occupant will be assessed the cost of same as provided in Section 32-1100(i).
(f) Service of Notice
(1) The notice of violation under this section shall be made in person to the owner, if the property upon which a public nuisance/obstruction exists is occupied, by such officer or employee during regular business hours of City Hall, or by mailing, either by certified mail, postage prepaid, or by regular postage, so long as if sent by regular mail the notice is not returned by the post office, to the record owner, tenant or occupant at the address of the property upon which said nuisance/obstruction exists.
However, if the property upon which the public nuisance/obstruction exists is vacant or unoccupied, such officer or employee shall serve said notice upon the record owner or tenant by addressing and mailing said notice, as provided above, to the record owner or tenant at said owner or tenant's last known address, if such can be ascertained upon due diligence.
If either the name or last known address of the owner or tenant of vacant or unoccupied property upon which public nuisance exists cannot be ascertained upon due diligence, service of said notice shall be made by posting the notice on the property. Further, for any property, if regular or certified mail is returned by the post office, then service of said notice shall be made by posting the notice on the property.
(2) All notices of intention to pursue the matter under subsection (e)(3) above shall be made in accordance with service as provided under the Illinois Compiled Statutes, Chapter 735, Sections 5/201 through 5/213 or amendments thereto. Upon failure of the property owner to appear at a hearing for judicial determination, the City shall send a copy of said judicial determination to the property owner at the last known address of said property owner.
(g) City abatement. Should said owner, tenant, or occupant fail to abate the public nuisance within the seven (7) day period provided for in the notice, the building official or his or her designee shall be authorized to enter upon the property upon which said public nuisance exists to abate same and shall be authorized to cut, spray, or otherwise remove the public nuisance and to perform any clean-up, removal of junk, or any other thing preparatory thereto. Should the public nuisance recur on the property within the same calendar year, the building official or his or her designee shall be authorized to take the action described herein without the necessity of additional notice to the owner, tenant or occupant.
(h) Building Official authorized to contract for same. The building official or designee may execute annual contracts in order to provide for City abatement as provided for in subsection (g) above; provided the fees charged shall be based upon an easily recognizable unit such as per hour or per square foot and the special charges for extra work are clearly identified. A minimum charge shall be permitted, however.
(i) Liability for costs incurred by abatement. The owner, tenant, and occupant shall be jointly and severally liable to the City for the actual costs (including without limitation the contract fee plus any fees for record searches) incurred by it in abating the nuisance and shall also be liable for an administrative fee of one hundred dollars ($100.00). In addition to these fees, they shall be jointly and severally liable for a late payment fee of three dollars ($3.00) for each month said amounts remain unpaid, if not paid within thirty (30) days from the first billing.
(j) Violation and penalty. Any owner, tenant, or occupant of property within the City who fails to abate any nuisance described in the notice to abate public nuisance within the time prescribed therein shall be guilty of an offense which shall be punishable as set forth in Sec. 1-1107 of the Moline Code of Ordinances or by referral to the Rock Island County Code Enforcement System pursuant to Article VI of Chapter 2 of the Moline Code of Ordinances.
(Ord. No. 2001-06-03; Sec. 32-1100(e), (f), (g), (h), (i), and (j) repealed; new Sec. 32-1100(e), (f), (g), (h), (i), and (j) enacted; 06/05/01)
(Ord. No. 3052-2017; Sec. 32-1100(e) and (f)(1) repealed; new Sec. 32-1100(e) and (f)(1) enacted; 12/19/17)