(a) Garbage and Debris. The term "Garbage and Debris" shall mean waste, garbage, trash, junk, refuse and discarded personal property that is not contained within an enclosed structure, including but not limited to: (i) bottles, cans, cartons and other waste material from the handling, storage, packaging, preparation, cooking or consumption of food; (ii) combustible trash including but not limited to paper, cartons, boxes, wood, tree branches and other types of combustible refuse; (iii) household refuse including but not limited to bedding, upholstered furniture, broken or discarded furniture, auto parts, appliances, concrete, construction materials, rubbish and other types of discarded or junk property. Garbage and debris shall not include neatly stored firewood, building materials stored for use in a current renovation or improvement project with a building permit issued by the Village, outdoor furniture and any items that are stored indoors on a daily basis.
(b) Violation. No owner of any real property in the Village shall suffer, permit or fail to remove any garbage or debris located, stored, placed or abandoned on such property, except in proper refuse containers for regular trash collection and removal. It shall be the duty of the owner of such property to remove all such garbage and debris within seven days after written notice from the Director of Community Development requiring the removal of such garbage and debris as provided in this section. Failure to remove such garbage and debris within seven days after such notice is served on owner shall be a violation of this section.
(c) Notice of Violation. The Director of Community Development or his or her designee shall cause a written notice of violation to be served on the owner of property where garbage and debris is located, stored or abandoned in violation of this section, which notice shall state a date, no less than seven days after the date of mailing such notice, after which the Village will invoke the remedies provided in this section. Such notice of violation shall be served on the owner or the owner's agent, either by personal service or by certified mail, with a copy delivered by personal service or first class United States mail, postage prepaid, directed to the occupant of the property. It shall be sufficient service on the owner to cause such notice to be served either by personal service or by certified mail to the person listed as the taxpayer of record in the records of the Cook County Treasurer for the last preceding tax year for which taxes have been paid on the property.
(d) Removal Authorized. In addition to any fine or penalty that may be imposed, if the owner fails to remove the garbage and debris by the date stated in the violation notice, the Director of Community Development or his or her designee may enter upon the property and remove such garbage or debris by the use of Village employees, contractors or other persons, and the cost and expense incurred by the Village in the removal of such garbage and debris pursuant to this section shall be a lien upon the real estate affected as authorized in Section 11-20-13 of the Illinois Municipal Code.
(e) Lien for Removal Costs. The cost and expense incurred by the Village in removing garbage and debris from the affected property pursuant to this section shall be billed to the owner of the property in the event of failure to pay said expense, and a notice of lien shall be filed in the Office of the Recorder of Deeds of Cook County, Illinois within sixty days after the Village has incurred such cost and expense. The notice of lien shall consist of a sworn statement setting out: (1) a description of the real estate sufficient for identification thereof; (2) the amount of money representing the cost and expense incurred or payable for the garbage and debris removal service; and, (3) the date or dates when such cost and expense was incurred by the Village. Upon payment of the cost and expense by owner of the affected property or persons interested in such property, the lien shall be released by the Village and the release may be filed of record as in the case of filing a notice of lien.
(Ord. 1417. Passed 4-27-09.)