(A) The presence of standing water from any source (including but not limited to sump pump discharge) that remains for more than 72 hours after the cessation of a rainfall event on any lot within a residential zoning district that is improved with one or more residential dwelling units so as to cause or reasonably threaten to cause property damage shall constitute a standing water public nuisance. As used herein, the term “property damage“ shall specifically exclude any and all damage to landscaping, planted vegetation, lawns, seeded areas or sodded areas.
(B) No person shall own or occupy any property whatsoever within the village in such a manner as to cause, create, permit or allow the creation of a standing water public nuisance upon any lot within a residential zoning district that is improved with one or more residential dwelling units.
(C) Upon the discovery and observation of a standing water public nuisance, the village shall cause written notice of the existence thereof to the owners and/or occupants of any and all properties that are or have been owned or occupied in such a manner as to cause, create, permit or allow the creation of a standing water public nuisance upon any lot within a residential zoning district that is improved with one or more residential dwelling units. The notice shall describe the location of the properties in question and the conditions existing thereon that have caused the existence of the standing water public nuisance, and shall direct the owners and/or occupants thereof to abate the standing water public nuisance within 15 days of the date of such notice.
(D) In the event that the owners or occupants of the properties in question to whom the notice set forth above was directed shall fail or refuse to abate the standing water public nuisance as set forth in such notice, the village shall have the right, but not the obligation, to cause the abatement of the standing water public nuisance by such remedial means as are necessary, including but not limited to the removal of any and all obstructions located within village drainage easements, all at the expense of the owners or occupants of the properties in question. The costs and expenses incurred by the village in abating any such standing water public nuisance shall be itemized in a statement prepared by the village, and mailed to the owners or occupants of the properties in question. Failure of such owners or occupants to pay to the village the amount of the costs and expenses set forth in such statement within 15 days of the date thereof shall entitle the village to record a lien against the properties in question substantially in the manner set forth in § 93.64 of te Code of Ordinances, and to commence an action to collect the unpaid costs and expenses in the Circuit Court for the 12th Judicial Circuit, or to foreclose said lien as provided by law.
(E) In addition to any other remedies provided to the village by law or the provisions of this chapter, upon the failure of any owner or occupant of property to abate a standing water public nuisance in accordance with a notice given in accordance with the provisions of this section, the village may commence an action in the Circuit Court for the 12th Judicial Circuit to cause such nuisance to be abated and to impose the fines and penalties provided for in this chapter.
(Ord. 05-0286, passed 6-15-05)