Section
General Provisions
91.01 Specific nuisances enumerated
91.02 Notice to abate
91.03 Failure to comply with notice
91.04 Abatement
Weeds
91.15 Definitions
91.16 Nuisance
91.17 Notice
91.18 Service of notice
91.19 Abatement
91.20 Lien
91.21 Payment
91.22 Foreclosure of lien
Garbage and Debris
91.35 Definitions
91.36 Accumulation prohibited
91.37 Notice to person
91.38 Service of notice
91.39 Abatement
91.40 Lien
91.41 Payment
91.42 Foreclosure of lien
Cross-reference:
Animals, see Ch. 90
Parks, see Ch. 92
GENERAL PROVISIONS
It is hereby declared to be a nuisance and to be against the health, peace and comfort of the village for any person, firm or corporation within the limits of the village to permit the following, the enumeration of which shall not be deemed to be exclusive:
(A) Filth. To cause or suffer the carcass of any animal or any rubbish, garbage, filth or noisome substance to be collected, deposited or to remain in any place to the prejudice of others;
(B) Deposit of offensive materials. To throw or deposit any rubbish, garbage or other offensive matter, or the carcass of any dead animal, in any watercourse, lake, pond, spring well or common sewer, street or public highway;
(C) Corruption of water. To corrupt or render unwholesome or impure the water of any spring, river, stream, pond or lake to the injury or prejudice of others;
(D) Highway encroachment. To obstruct or encroach upon public highways, private ways, streets, alleys, commons, landing places and ways to burying places;
(E) Unlawful advertising. To advertise wares or occupations by painting notices of the same on, or affixing them to fences or other private property, or on rocks or other natural objects without the consent of the owner or, if in the highway or other public place, without permission of the proper authorities;
(F) Harassment. To harass, intimidate or threaten any person who is about to sell or lease or has sold or leased a residence or other real property, or is about to buy or lease or has bought or leased a residence or other real property, when the harassment, intimidation or threat relates to a person’s attempt to sell, purchase or lease a residence or other real property;
(G) Filthy premises conditions. To keep or suffer to be in a foul, offensive, nauseous or filthy condition, any chicken coop, cow barn, stable, cellar, vault, drain, privy, sewer or sink upon any premises belonging to or occupied by him or her, or any railroad car, building, yard, grounds and premises belonging to or occupied by him or her;
(H) Expectorate. To expectorate on any public sidewalk, street or other public building or floor or walk of any public vehicle or hall;
(I) Litter on village street. It shall be unlawful for any person to allow trash, paper, cardboard, wire, yard waste, dirt, rock, stone, glass, brick, lumber, wood or litter of material objects of any size or description to fall upon village streets;
(J) Accumulation of junk, trash and the like. To deposit or pile up any rags, old rope, paper, iron, brass, copper, tin, aluminum, ashes, garbage, refuse, plastic, brush, litter, weeds, slush, lead, glass bottles or broken glass upon any lot, piece or parcel of land or upon any public or private alley, street or public way within the village, or to place same so that it can be blown about or scattered by the wind;
(K) Rodents. To cause or permit any condition or situation to exist that shall attract, harbor or encourage the infestation of rodents;
(L) Bringing nuisances into the village. To bring into the village or keep therein, for sale or otherwise, either for food or for any other purpose, any dead or live animal or any matter, substance or thing which shall be a nuisance or which shall occasion a nuisance in the village, or which may or shall be dangerous or detrimental to health;
(M) Offensive liquids. To keep any nauseous, foul or putrid liquid or substance likely to become nauseous, foul, offensive or putrid, or to permit any such liquid to be discharged, placed, thrown or to flow from or out of any premises into or upon any adjacent premises or any public street or alley, or to permit the same to be done by any person connected with the premises under his or her control;
(N) Motor transport engines. To operate motor transport engines in the nighttime between the hours of 8:00 p.m. and 6:00 a.m. in any place in which a majority of the buildings within a radius of 400 feet are used exclusively for residence purposes, excluding state and federal highways; and
(O) Sump pump discharge. To discharge any water or other fluids originating from sumps, sump pits, sump pumps or other pumps, or any reservoir serving as a water drain or receptacle for water, from pipes or other structures onto any public sidewalk, street or street curb, street gutter or storm sewer, causing runoff to be concentrated over and onto that public sidewalk, street, street curb or street gutter whereby the water will stagnate, freeze or cause slippery conditions on the sidewalk, street or street curb or street gutter.
(Prior Code, § 12-101) (Ord. 1498, passed 9-17-2007) Penalty, see § 10.99
It shall be the duty of the designated authority to serve notice, by certified mail, upon the owner’s last known address, and occupant, agent or person in possession or control of any lot, building or premises in or upon which any nuisance may be found, or who may be the owner or the cause of any such nuisance, requiring him or her to abate the same within five days in such a manner as the designated authority shall prescribe; provided that, an owner, occupant, agent or person in possession of any lot, building or premises who receives a notice under this section for sump pump discharge, as defined in § 91.01(O) of this chapter, shall have 180 days from the date on which he or she was served with notice to abate any nuisance caused by sump pump discharge if this discharge originates from sumps, sump pits, sump pumps or other pumps that were in existence at the time of the passage of this subchapter. It shall not be necessary, in any case, for the designated authority to specify in the notice the manner in which any nuisance shall be abated, unless he or she shall deem it advisable to do so.
(Prior Code, § 12-102) (Ord. 1498, passed 9-17-2007)
If the person notified to abate a nuisance shall neglect or refuse to comply with the requirements of such notice by abating such nuisance within the time specified, such person shall be guilty of a misdemeanor.
(Prior Code, § 12-103) Penalty, see § 10.99
It shall be the duty of the designated authority to proceed at once upon the expiration of the time specified in the notice to cause such nuisance to be abated; provided, however, that, whenever the owner, occupant, agent or person in possession or control of any premises in or upon which any nuisance may be found is unknown or cannot be found, the designated authority shall proceed to abate such nuisance without notice. In either case, the expense of such abatement shall be collected from the person who may have created or suffered such nuisance to exist, in addition to any penalty or fine.
(Prior Code, § 12-104)
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