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(A) All complaints alleging the existence of a public nuisance shall be filed with the Village Clerk.
(B) The Village Board President and/or her or his designee, hereinafter “inspector,” shall promptly inspect the premises or cause them to be inspected and shall make a written report of the findings of the inspection. Whenever practicable, photographs of the premises shall be attached to the written report. The inspector shall keep all such written reports on file.
(C) Upon determining that a public nuisance exists on private property and that there is great immediate danger to the public health, safety, peace, morals, or decency, the inspector shall serve a notice of the public nuisance or cause such a notice to be served on the owner or occupant of the private property where the public nuisance exists or upon the person causing, permitting, or maintaining such nuisance and post a copy of the notice on the premises where the public nuisance exists.
(Ord. 92-3, passed 5-5-1992)
(A) Such notice shall specifically describe the public nuisance and shall direct the owner or the occupant of the private property where the public nuisance exists or the person causing, permitting, or maintaining such nuisance to abate or remove such nuisance within 24 hours of service or posting of the notice. In the event such owner, occupant, or person cannot be located after reasonable inquiry, posting shall be sufficient notice. The notice shall state that, unless such nuisance is so abated or removed, the village will cause it to be abated or removed, that the cost thereof will be charged to the owner, occupant, or person causing, permitting, or maintaining the nuisance, and that such cost shall be a lien on the real property where the nuisance was abated or removed.
(B) Upon determining that a public nuisance exists and that there is no great and immediate danger to the public health, safety, peace, morals, or decency, the inspector shall mail or cause to be mailed to the owner or occupant of such premises or to the person or persons in whose name such real estate was last billed for property tax purposes a notice to demand the abatement or removal of the violation within ten days. A copy of the notice shall be posted on the premises. The notice shall be substantially the same as that provided in division (A) above.
(C) In the event a nuisance is not abated or removed after notice pursuant to this section and within the time specified in the notice, the inspector may cause the abatement or removal of such public nuisance. The reasonable cost thereof shall be a lien on the real property where the nuisance was abated or removed.
(D) The village may also institute injunctive court action in the event a nuisance is not abated or removed after notice pursuant to this section and within the time specified in the notice and the inspector determines that abatement or removal of the nuisance by the village is inappropriate.
(Ord. 92-3, passed 5-5-1992)
(A) (1) Whenever a bill for the reasonable costs of abatement or removal of a nuisance pursuant to this chapter remains unpaid for 30 days after it has been sent, the Clerk shall file a notice of lien with the County Recorder. Any notice of lien pursuant to this chapter shall be filed within 60 days after the cost and expense of abatement or removal of the nuisance has been incurred. The notice shall consist of a sworn statement setting out:
(a) A description of the real estate sufficient for identification thereof;
(b) The amount of money representing the cost and expense incurred or payable for the service; and
(c) The date of dates when such cost and expense was incurred by the municipality.
(2) However, the lien of such municipality shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to removal of the public nuisance and prior to the filing of such notice, and the lien of such municipality shall be subordinate to the lien of any mortgagee, judgment creditor, or other lien or whose rights in and to such real estate arise prior to the filing of such notice. 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 municipality or person in whose name the lien has been filed and the release may be filed or recorded as in the case of filing notice of lien.
(B) Costs and expenses under this subchapter include, but are not limited to, the actual costs and expenses in time of village employees and in materials concerning the actual actions of abatement of the nuisance pursuant to this chapter, transportation to and from the property, title searches or certifications, preparation of lien documents, foreclosure, and other related reasonable attorney’s expenses.
(C) A copy of the notice of lien shall be mailed by the Clerk to the owner of the property, or to the occupant, or to the person or persons in whose name such real estate was last billed for property tax purposes.
(D) The real estate subject to a lien for such an unpaid assessment of such costs and expenses may be sold for non-payment thereof, and the proceeds of the sale applied to pay the charges, after deducting costs.
(E) The Village Attorney may institute proceedings in the name of the village of any court having jurisdiction over such matters against any property for which such costs and expenses have remained unpaid 30 days after a statement of such costs and expenses have been mailed to the property owner, to the occupant, or to the person or persons in whose name the property was last billed for property tax purposes.
(F) Upon payment of the costs and expenses, plus interest from the date 30 days after the bill was sent after notice of lien has been filed, the Clerk shall file with the Recorder a release of the lien.
(Ord. 92-3, passed 5-5-1992)
EXCESSIVE NOISE
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