A. Declared Public Nuisance: The village of Pingree Grove, pursuant to its authority under 65 Illinois Compiled Statutes 5/11-60-2, 5/11-20-10, 5/11-20-13, 5/11-30-2 and 5/11-30-8, among other authority, hereby declares "drainage impediments" as defined herein to be prohibited, and to be a public nuisance adversely impacting public health and safety.
B. Definition: "Drainage impediments" shall be defined herein as the construction of any impediment or obstacle which obstructs, precludes, inhibits or restricts the flow of drainage across any property within the corporate limits of the village, or which obstructs the flow of stormwater as established in the approved grading plans for any parcel or subdivision, without the prior review and approval of a site plan contemplating and authorizing such impediment. Drainage impediments shall include, but shall not be limited to, the construction of any fence, earthen mound, wall or other impediment in a drainageway or area that is designed, by virtue of its elevation or slope, to serve as a drainageway.
1. When any fence is constructed in or over a drainageway, the bottom of the fence shall be maintained at a minimum height approved by the public works director, so as to maintain a clear flow of drainage water beneath the fence. No obstruction shall be permitted or maintained beneath such minimum height, in any fashion that obstructs the flow of drainage water. The public works director may approve of the installation of an approved, removable component of a fence that is installed in such a fashion as to not obstruct drainage.
C. Enforcement: The village shall have the authority to enforce this section and to abate any violation hereof.
1. The village may issue an ordinance violation citation for any violation of this section, with a minimum fine as prescribed by this code for each day or portion thereof that a violation is demonstrated to exist.
2. The village may seek a court order directing and authorizing the abatement and removal of any drainage impediment. Such order may include an order for the village to complete the removal of the drainage impediment and the restoration of previous drainage conditions. The costs incurred herein shall be recoverable from the owner of the real property on which the drainage impediment is maintained, and/or lienable against the property. Such action to abate a nuisance shall only be implemented after the village provides not less than thirty (30) days' written notice via certified mail, return receipt requested, to the owner of record of the property, affording an opportunity for the owner to abate the nuisance.
3. The village may, in the case of a public safety emergency such as an instance of flooding, take such action as shall be necessary to temporarily restore drainage, including, but not limited to, removing drainage impediments, without prior notice or due process.
D. Abatement Of Existing Drainage Impediments: At the time of passage hereof, the village is aware of certain drainage impediments which were installed without village authorization, in violation of the village's building/fence codes, and without obtaining engineering review of proposed site grading, as required by this code. The village shall notify any property currently identified as being in violation of this code and shall afford such property not less than ninety (90) days to abate the drainage impediment to the satisfaction of the director of public works prior to initiating any court action or imposing any fines or costs. (Ord. 2014-O-20, 11-3-2014)