A. Definition: The term "obstruction" as used herein is defined as any condition which inhibits, restricts or obstructs, in whole or in part, the water drainage for which any swale, ditch, storm sewer structure, and drainage easement was designed. An obstruction includes, but is not limited to, erosion, fill, plant growth, trees, bushes, shrubs and structures of any kind or nature whatsoever.
B. Application Of Provisions: This section shall be applicable to only those swales, drainage ditches, and drainage easements that have been approved or accepted by the village. Furthermore, this section shall apply to all swales drainage ditches, and storm sewer pipes and structures located in the public right of way or to which an easement has been granted for drainage purposes. (Ord. 81-166, 10-8-1981)
C. Maintenance Required; Obstructions Prohibited: It shall hereafter be the duty of the property owners or occupants of the premises in the village to not plant any trees, bushes and shrubs, or place any obstructions, and to maintain the swales, drainage ditches, and drainage easements with storm sewer structures located adjacent to and in the street right of way fronting upon such property and located within any easement upon such property and it shall be unlawful for any such property owner or occupant of the premises to allow any obstruction to occur or continue in any such swale or drainage ditch. (See chapter 3 of this title for permit information.) (Ord. 2016-1132, 10-10-2016)
D. Notice Of Violation:
1. The property owner or occupant of premises upon which an obstruction is located, or adjacent to such obstruction, which is in violation of the provisions of this section may be notified in writing by the building official or the designated representative of the village of the existence of the nuisance. Such notice shall be in substantially the following form:
TO: OWNER OR OCCUPIER OF PREMISES
ADDRESS:
YOU ARE HEREBY NOTIFIED that the Corporate Authorities of the Village of South Barrington have determined that a nuisance exists on your premises, specifically, . This obstruction prevents the drainage ditch or swale located on or adjacent to your property from draining in a manner consistent with the swale or drainage ditch's original design. Unless this condition is corrected within thirty (30) days completely eliminating the obstruction, the Village of South Barrington will initiate action to eliminate such obstruction, and, furthermore, may file a civil suit to recover the costs of such corrective action, may file a lien against the premises, or assess penalties as provided in Section 7-1-2 of the South Barrington Village Code.
Building Official
Village of South Barrington
2. Where no person is in actual physical possession of the premises and where no address is available to locate the owner of the premises, the building official shall post on the premises, in a conspicuous place, the notice of the corporate authorities to eliminate the obstruction.
E. Removal Of Obstruction: Any person receiving a notice served pursuant to this section, or upon whose property such a notice is posted, shall within thirty (30) days remove such obstruction; provided, however, that such period will be computed from the first day weather permits such removal. If such person fails to remove the obstruction, then the village may enter upon the premises and remove the obstruction.
F. Removal Costs: Within thirty (30) days after the village has incurred costs in removing the obstruction, the village or a person representing the village may institute a civil suit in the circuit court of Cook County against the owner or occupant of the premises for all costs incurred in taking such corrective action, including, but not limited to, reasonable attorney fees and all administrative costs attendant to the corrective action and the lawsuit. In addition, the village may file a lien in the office of the recorder of deeds for any costs not recovered. The village may also cause the village prosecutor to prosecute the property owner or occupant pursuant to this subsection.
G. Penalties: A violation of this section is punishable by a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00). A separate offense shall be deemed committed on each day or part thereof on which a violation occurs, continues, or is permitted to occur or continue. (Ord. 0-81-166, 10-8-1981; amd. Ord. 2019-1207, 6-13-2019)