TITLE 3
PUBLIC HEALTH AND SAFETY
CHAPTER 1
NUISANCES
SECTION:
3-1-1: Definitions
3-1-2: Removal Of Nuisance Greenery, Pests And Rubbish Required By Owner
3-1-3: Removal Of Nuisance Greenery, Pests And Rubbish By Village
3-1-4: Other Nuisances To Be Removed
3-1-5: Enumeration Of Nuisances Not Exclusive
3-1-6: Penalty
3-1-7: Legal And Equitable Remedies
3-1-1: DEFINITIONS:
As used herein the following terms have the following definitions:
NUISANCE:
   A.   Sound, animals or things which interfere with the peace or comfort or disturb the quiet enjoyment of any person in the village.
   B.   Anything which is made, permitted, used, kept, maintained, operated or any building or any animal that is kept in a manner which is offensive, nauseous, dangerous to life, limb or property or detrimental to the health of the persons residing in that area.
   C.   Any filthy, foul or offensive matter or liquid of any kind discharged into any street, alley or public place or on any adjacent lot or ground.
   D.   Any lot, ground or premises, within the village, on which stagnant water may be standing so as to become or likely to become foul, putrid, offensive or detrimental to the health and comfort of persons residing in the vicinity thereof.
   E.   The emission of dense smoke from the chimney or smokestack of any building or premises or from any building or premises or from any garbage or rubbish container.
   F.   Any spoiled, tainted or diseased perishable agricultural commodity.
   G.   "Nuisance greenery", "rubbish" and "pests" as defined herein.
   H.   In addition to what is herein declared to be a nuisance, those offenses known to the common law or of the state or federal statutes as nuisances may, in case the same exist within the village, be treated as such and proceeded against as provided in this chapter.
NUISANCE GREENERY:
   A.   Trees, shrubs, bushes, "weeds" (as defined herein) or plants permitted to grow on premises adjacent to any street or alley or other public way in a manner as to obstruct the view and endanger traffic conditions.
   B.   "Weeds" (as defined herein), and dead or dying trees or bushes, stumps and roots, on land within the village.
   C.   Elm trees infected with Dutch elm disease or ash trees infected with the emerald ash borer.
PESTS: Undesirable arthropods (including certain insects, spiders, mites, ticks, and related organisms), wood infesting organisms, rats, mice, and other obnoxious undesirable animals, but does not include a feral cat, a "companion animal" as that term is defined in the humane care for animals act 1 , "animals" as that term is defined in the Illinois diseased animals act 2 , or animals protected by the wildlife code 3 .
RUBBISH: Any unsightly material, waste products, refuse, debris, trash or waste lumber deposited, left, piled or scattered that may become a breeding place for insects, rodents or vermin or that may give off unpleasant odors or create a health or fire hazard where located.
WEEDS: An annual or perennial herbaceous plant of volunteer growth, not cultivated or useful for human food or enjoyment and shall include, but not be limited to, the following: jimson, burdock, ragweed, thistles of all kinds, cocklebur, barberry (tall, common or other horticultural varieties), poison ivy, yellow dock, Indian mallow, sweet clover, wild mustard (including black mustard and yellow mustard), May weed, lamb's quarters, pig weed, beggar ticks, wild lettuce, shepherds purse, smart weed, sow thistle, tumbleweed, milk weed, dandelions, etc., any plant that, when in blossom, gives off an unpleasant or obnoxious odor or pollen irritating to human tissue and any plant growth that may conceal rubbish, debris or filthy deposits or constitute a fire hazard when dry, and grass that is more than eight inches (8") in height, random growth or volunteer growth of bushes or brush that may conceal rubbish, debris or filthy deposits or constitute a fire hazard when dry or any plant that causes or adds its influence in bringing on hay fever or other similar or noxious plant and all plants fitting within the term "weeds" as used in the Illinois municipal code. (Ord. 13-04, 2-11-2013)

 

Notes

1
1. 510 ILCS 70/.
2
2. 510 ILCS 50/.
3
3. 520 ILCS 5/.
3-1-2: REMOVAL OF NUISANCE GREENERY, PESTS AND RUBBISH REQUIRED BY OWNER:
   A.   Failure To Obey Notice, Removal By Village; Costs: In all cases where the owner, occupant or lessee of real estate on which there is rubbish, pests or nuisance greenery, shall: 1) fail to cut or remove nuisance greenery; 2) fail to remove rubbish; or 3) fail to prevent or exterminate pests after ten (10) working days' notice in writing mailed to him or her by certified mail, return receipt requested, at his or her last known address ascertainable by the village, notifying him or her to: 1) cut or remove nuisance greenery; 2) remove rubbish; or 3) to prevent or exterminate pests then the village president or chairman of the street and sidewalk committee of the village board may cause the nuisance greenery to be cut, trimmed or removed, or the rubbish removed or pests exterminated or removed and the entire expense thereof shall be chargeable to both the person who owns and the one who controls such real estate, to be collected by suit or otherwise, in addition to the penalty prescribed in this chapter. The ten (10) days above referred to shall begin from date of such mailing.
   B.   Failure To Pay; Penalty: Any person, liable hereunder for payment of the foregoing expense to the village, shall pay the full amount of said charge within ten (10) days after date of mailing statement to owner, occupant or lessee at his last known address or said charge shall be delinquent. Failure to pay the charge within the time specified shall thereafter subject the violator to a penalty of ten percent (10%) of the unpaid amount of said delinquent charge or ten dollars ($10.00), whichever is greater, which shall be collected as part of said delinquent charge.
   C.   Removal: Nuisance greenery, when cut down, shall be removed from the lot or disposed of in such manner as not to create a nuisance or hazard. (Ord. 13-04, 2-11-2013)
3-1-3: REMOVAL OF NUISANCE GREENERY, PESTS AND RUBBISH BY VILLAGE:
   A.   Enforcing Officer: It shall be the duty of the chairman of the street and sidewalk committee of the village board, when he or she shall obtain information from any source of the existence of nuisance greenery, pests or rubbish on private property contrary to section 3-1-2 of this chapter, to take proper steps at once to enforce this chapter.
   B.   Removal By Village: The nuisances established pursuant to this chapter may be removed or remedied by private contractors hired by the village, or, at the discretion of the enforcing officer, by village personnel.
   C.   Charge: The village hereby establishes a charge, payable to the village, of one hundred dollars ($100.00) per hour or any portion thereof for the use of village employees, equipment and fuel for removal of rubbish, pests and nuisance greenery. The corporate authorities of the village hereby find that said charge is fair and reasonable to recompense the village for its expenses. In the event the chairman of the streets and sidewalk committee contracts with a third party for the removal of rubbish, pests or nuisance greenery, the charge to the owner, occupant or lessee shall be the village's out of pocket expenses, plus a twenty five dollar ($25.00) service charge for administering the contract, which the corporate authorities find to be fair and reasonable to recompense the village.
   D.   Lien: In the event that the nuisance greenery, pest or rubbish removal expense remains unpaid for more than ten (10) days after said service is performed and expense incurred by the village, said unpaid charge shall constitute a lien upon the real estate, and the village clerk is hereby authorized, in accordance with law, to file notice of lien in the office of the recorder of deeds of Sangamon County.
   E.   Suit:
      1.   In addition to any other action authorized by section 3-1-2 of this chapter or by the Illinois municipal code, the village may, to the extent permitted by law, bring suit to foreclose the lien and to sue the owner or lessee or occupant of the real estate or their agent, in a civil action to recover the money due for services rendered, plus all expenses and reasonable attorney fees to be fixed by the court. Any such judgment shall be enforced in accordance with law. In addition to the charges due, the village is entitled to collect the costs of filing notice of lien, foreclosing said lien and litigation costs, together with all office and legal expense incurred in connection with the collection of the amount due.
      2.   Upon payment of all costs, expenses, charges and penalties, the lien created under this section shall be released by the village, which release shall be filed of record in the same manner as filing notice of the lien, pursuant to law, the expense of said filing to be paid by the violator. (Ord. 13-04, 2-11-2013)
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