(A) Littering prohibited in public places.
(1) It shall be unlawful for any person to throw or deposit litter in or upon any street, alley, sidewalk or other public place within the Village, except in public receptacles, in authorized private receptacles for collection or in official Village dumps. The foregoing shall not apply to any person placing litter or causing litter to be placed (not more than 12 hours prior to the day of collection) in proper bundles for collection at the curb upon the parkway adjacent to private property owned or leased by such persons. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent such litter from being carried or deposited by the elements upon any street, sidewalk or other public or private property.
(2) No person while a driver or passenger in a vehicle shall throw or deposit litter within the Village, whether upon any street or other public place or upon private property.
(3) The owner or person in control of any private property shall at all times maintain the premises free of litter.
(4) Nothing in this section shall prohibit the storage of litter in private receptacles for collection, which receptacles shall be maintained in a clean and sanitary condition and shall be so constructed as to prevent the litter deposited therein from being carried or deposited by the elements upon any street, alley, sidewalk or other public place or upon any private property.
(B) Dumping prohibited. It shall be unlawful for any person to deposit litter upon private property or in any authorized private receptacle located upon private property whenever such private property is not owned or leased by such person. In addition, no person shall add to a private receptacle any litter which did not originate upon such private property.
(C) Clearing of litter from private property. It shall be unlawful for any person to accumulate litter in any manner so as to create a nuisance or to attract flies, vermin or rats or otherwise endanger the health, safety or welfare of the general public. Any litter accumulated for more than seven days, unless interrupted by a legal holiday, shall be considered a violation of this subsection notwithstanding any other provision herein contained.
(1) Notice to remove. Whenever the Village Manager/Comptroller determines that this subsection (C) is being violated, the Village Manager/Comptroller is authorized and empowered hereby to serve written notice upon the owner or the owner's agent or the occupant of any such premises whereon such litter is located. Such notice shall inform such person of the violation and shall order removal of said litter within 48 hours from the time notice is so sent. Such notice shall be by registered or certified mail addressed to the owner or agent at his last known address as shown on the records of the collector of taxes of Cook County, Illinois.
(2) Action upon noncompliance. After lapse of the aforesaid 48-hour period, if such littler has not been removed or the owner, agent or occupant refuses or neglects to remove such litter, the Village Manager/Comptroller shall cause such litter to be removed from said property and shall send notice of the cost of such removal to such owner, agent or occupant by registered or certified mail addressed to said owner or agent at his last known address as shown on the records of the collector of taxes of Cook County, Illinois. The reimbursement of the costs of such removal shall be paid to the Village Treasurer.
(3) Failure to reimburse the Village.
(a) If the cost of such removal has not been reimbursed to the Village Treasurer within 30 days of the notice to such owner, agent or occupant, the Village Manager/Comptroller shall file a notice of lien in the office of the Cook County Recorder of Deeds. This notice of lien shall consist of a sworn statement containing:.
1. A description of the real estate sufficient for identification thereof;
2. The amount of money representing the cost and expense incurred by the Village for the removal of the litter; and
3. The date or dates when such cost and expense was incurred by the Village.
(b) Upon payment of the cost and expense by the owner of or persons interested in such property after notice of lien has been filed, the lien shall be released by the Village or person in whose name the lien had been filed, and the release may be filed of record as in the case of filing notice of lien. The lien may be enforced by proceedings to foreclose as in case of mortgages or mechanics' liens. Suit to foreclose this lien shall be commenced within two years after the date of filing notice of lien; however, the lien of the Village shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to removal of the litter and prior to the filing of such notice, and the lien of the Village shall not be valid as to any mortgagee, judgment creditor, or other lien holder whose rights in and to such real estate arise prior to the filing of such notice. Nothing hereinabove shall preclude filing of a complaint with the court of proper jurisdiction for any violation of this chapter and/or other remedies at law or in equity which may be available to the Village for the enforcement of this municipal code.
('73 Code, § 15-4) (Am. Ord. 00-2248, passed 9-12-00) Penalty, see § 51.99