A. Prohibition Of Nuisances: It shall be unlawful for any person, firm, or corporation to permit or maintain the existence of any nuisance on any property under his control or do any act which constitutes a nuisance as described hereunder. It shall constitute a nuisance to commit any offense which is in fact a nuisance or which is a nuisance according to common law or which is made such by this section, other ordinances of the Village of Monee or by the Statutes of the State of Illinois.
B. Nuisances Enumerated: The following acts, omissions, or conditions shall be deemed nuisances:
1. An act which shall annoy, injure, or endanger the safety or health of the public.
2. An act which shall offend public decency.
3. An act which shall unlawfully interfere with, obstruct, or tend to obstruct or render dangerous for passage, a public park, public way, or other public place.
4. Obstruction of any gutter so as to cause water to stagnate therein or permitting foul or stagnant water to stand upon any premises.
5. Obstruction or pollution of any drainage ditch or watercourse in the Village.
6. Causing or permitting any garbage or offensive substance of any kind, including, but not limited to unused paper, junk, non-functioning and unlicensed motor vehicles, unused wood, ashes, tin cans, unused masonry or crockery, cinders, rubbish, refuse, tree branches, trimmings or stumps, yard trimmings, cartons, and boxes, to be collected, deposited, or to remain in any place in the Village other than as prescribed by this Code or other applicable ordinances, rules, and regulations of the Village.
7. All buildings, walls, and other structures which have been damaged by fire, decay, or otherwise and which are so situated as to endanger the safety of the public.
8. All buildings in the Village which have been abandoned and/or not conforming to this Code for a period in excess of sixty (60) days, unless a written plan for the use of the building, or its demolition, is filed with the Village Clerk within said 60-day period.
9. All dangerous or unsanitary, unguarded, unprotected machinery or equipment in any public place or situated or operated on private property.
10. Causing or permitting any open burning of garbage or other discarded solid materials or cause or allow the burning of garbage or other discarded solid materials in any chamber not approved by the State of Illinois Pollution Control Board or Environmental Protection Agency.
11. Keeping on any premises any type of material which may be injurious to the health or offensive to the neighborhood or by which any noxious or offensive smell may be created.
12. Any person found to be in violation of the crime prevention rental housing ordinance shall be deemed to be in violation of this section.
13. It shall be unlawful for any person to make, continue or cause to be made or continued any excessive, unnecessary or unusual noise which annoys, disturbs, injures or endangers the comfort, repose, health or safety of others within the Village, except in cases of urgent necessity. The following list shall be considered excessive noises in violation of this section. Said list shall not be considered exclusive.
a. Radio, television sets, musical instruments played at a level which disturbs the peace, quiet and comfort of the neighboring landowners;
b. The use of citizen band radios in excess of established limits which may cause noise to be received by other citizens on their electronic equipment;
c. The sounding of any horns or other device on any automobile or other vehicle on any street or public place, except as a danger warning, wherein the noise creates an unreasonable loud or harsh sound;
d. The use of hammer, derrick, hoist tractor, roller, pile driver, shovel or other similar equipment in building or construction operations other than between the hours of seven o'clock (7:00) A.M. and eight o'clock (8:00) P.M. except in cases of urgent necessity to protect the public health and safety or otherwise authorized by Village;
e. To keep any animal or bird enclosed which causes barking, howling, or frequent loud noises disturbing the comfort of persons within the vicinity; and
f. Operating lawn care equipment other than between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M.
14. To dump or deposit or cause to be dumped or deposited or store material of any kind on any real property except when the dumping, depositing, or storing is for a purpose which is customarily incidental to residential use or when building materials are deposited on a site for which a building permit has been issued and the building materials are to be used for construction purposes.
15. It shall be unlawful when any person makes or maintains an excavation within the Village to be used for the construction of a building or for a use accessory to the construction of a building, the development of a subdivision, or the construction or installation of public improvements, or makes or maintains or allows to exist any other excavation which constitutes a danger to the public by reason of its depth or proximity to public ways or walks or for any other reason.
16. It shall be unlawful for the owner, agent, or other person in control or possession of any premises jointly or severally to permit any eave trough, footing drain, drain, downspout, piping, sump pump, or other device or appliance, permanent or temporary, above or below grade, for collecting and discharging surface water, rain water, or any other source of surface runoff water, ground water, or sub-surface water to be so designed, located, or constructed on, over, or across any street, alley, public way, or any rights-of-way thereof, or public property other than by means of a Village approved storm sewer, drainage swale, or other drainage system or structure, without approval of the Village and a written permit to do so issued by the Building Commissioner and the Zoning Enforcement Officer. A violation of this subsection B16 is declared to be a nuisance. It shall also be a nuisance to allow any such device to discharge water in such a manner as to allow the water to accumulate on any street, alley, public way, or any other right-of-way.
17. To throw or permit the escape into any street or other public place, or unto or upon any adjacent ground, any unclean water or any foul or noxious liquid from any premises.
18. To allow any pond, lake or body of water to be in a stagnant condition or in a condition that is detrimental to the public health.
19. All landscaping, including, but not limited to, trees, shrubs, plants, and flowers must be properly maintained in order for the landscaped areas to fulfill the purposes for which they were established. The landscape areas shall be free of litter, weeds, and debris and all plantings shall be healthy and orderly. The owner of the property and any tenant of the property shall be jointly and severally responsible for the maintenance of the property.
20. No person shall permit, cause, help, maintain or create a nuisance as defined by the State of Illinois.
21. All inoperable motor vehicles, whether on private or public property and in view of the general public are to be considered a nuisance. Inoperable vehicles means any motor vehicle for which a period of at least seven (7) days, the engine, wheels or other parts have been removed or on which the engine, wheels or other parts have been altered or so treated that the vehicle is incapable of being driven under its own motor power.
22. To park, store, keep any vehicle in any rear, side or front setbacks on private or public property on grass or gravel is prohibited.
23. To repair any motor vehicle including, but not limited to, changing or replacing parts, greasing or the performance of any type of maintenance, service or work on a motor vehicle on any roadway or public right-of-way, except in emergency situations shall be prohibited.
24. To obstruct flow of traffic, pedestrians or Village events or use any roadways, public right-of-ways or public property to sell products, services, or otherwise solicit or harass the public.
25. To drive, operate or run any motorized vehicle on private or public property without adequate muffler or noise abatement system so as to permit the emission of loud and disturbing noises is prohibited. (Ord. 1773, 12-14-2016)
26. To cause or to permit to remain on any premises vegetation which includes, but not limited to, dead trees, shrubs or trees or shrubs that are infected with injurious insects, pests or infected with plant diseases which are liable to spread to other plants, trees or shrubs to the injury of said plants, trees or shrubs or to the injury of a person or property.
No tree, shrub, or unkept vegetation shall be within two feet (2') or more of the street side of property line. Any canopy of a tree shall be pruned in such a manner to allow at least eight feet (8') of clearance over sidewalks and fourteen feet (14') of clearance over roadways when spanning areas outside of property lines.
Authorized Village personnel are hereby given the authority to issue a citation/ticket to individuals who are in violation of the provisions of this subsection B26 and said citation will be heard through the administrative hearing process pursuant to section 1-14-1 of this Code. (Ord. 1772, 12-14-2016)
C. Abatements: Whenever a nuisance as described herein is found on any premises and there is an eminent risk to the public health and safety, the Mayor of the Board of Trustees is hereby authorized in his/her discretion or delegation to cause the same to be summarily abated in such manner as he/she may direct.
1. Inspection: For the purpose of carrying the foregoing provisions of this section into effect, it shall be the duty of such officers or officials as may be directed or deputized by the Mayor of the Board of Trustees, from time to time to ascertain a nuisance arising under this section to be abated. In all cases where a nuisance shall be found upon any grounds or other premises which can be charged by assessment with the expense of removal, notice shall be given to the owner or occupant of the building or other premises, when known and can be found, to remove the nuisance; and in case of his refusal or neglect to comply with such notice, the officers or officials shall abate the same and report the expense thereof to the President and Board of Trustees.
2. Abatement Notice: In all cases where a nuisance shall be found upon any ground or other premises within the jurisdiction of the Village, not less than twenty four (24) hours' notice may be given in writing signed by the officer or official so directed by the Mayor of the Board of Trustees, to the owner or occupant or person in possession, charge or control of the premises, if known and can be found, to remove such nuisance. It shall not be necessary in any case for the notice to specify the manner in which any nuisance shall be abated, unless the officer or official shall deem it advisable so to do. If the person so notified shall neglect or refuse to abate the same in accordance with such notice, he shall be chargeable with the expense which may be incurred in the removal thereof, to be collected by suit, lien, termination of Municipal services or otherwise in addition to any fine or penalty which may be imposed by law.
3. Emergency Situations: In an emergency situation where unless the Village acts, there is an immediate hazard, a serious risk to the public, or an imminent danger to the public health, safety or welfare from a nuisance existing in the Village, if a reasonable effort under the circumstances has been made to notify the person causing or permitting the nuisance and that person is either unavailable or unwilling to abate the nuisance, said nuisance may be abated without further notice, and a notice describing the action taken to abate the nuisance posed on the property.
Where the Village acts to abate a nuisance, the expenses incurred for the abatement shall be chargeable either individually or jointly to the person causing or permitting the nuisance to continue or to the owner of the building, structure or premises on or from which the nuisance was abated.
D. Penalty: Any person found to be in violation shall be subject to a fine of not more than seven hundred fifty dollars ($750.00) per day for each day each offense continues to exist. (Ord. 1773, 12-14-2016)