Loading...
In addition to the penalty provided for in this chapter, whenever any person, persons, firm, partnership, or corporation fails to abate the nuisance within the period allowed by this subchapter, then the village shall cause the nuisance to be abated, including the right to seek injunctive relief to enjoin the continuation of a nuisance where there is no adequate remedy at law, and the expenses therefor shall be recoverable from the owners, jointly and severally, and the cost thereof shall also be a lien upon the land until paid. Any person who by reason of another’s violation of any provision of this section suffers damage to himself or herself different from that suffered by any other property owners throughout the village generally may bring an action to enjoin or otherwise abate the existing violation.
(Ord. 11-02, passed 6-13-2011)
(A) Whenever, in the opinion of an officer of the village possessing police powers, the maintenance or continuation of a nuisance creates an imminent threat of serious injury to persons or serious damage to persons or real property, or if the nuisance can be abated summarily without or with only minor damage to the items or premises which are creating the nuisance, and the continuation of the nuisance poses a substantial threat of injury to persons or property or a substantial interference with the quiet enjoyment of life normally present in the village, the officer shall proceed to abate the nuisance; provided, further, that whenever the owner, occupant, agent, or person in possession, charge, or control of the real or personal property which has become a nuisance is unknown or cannot be readily found, the village officer with police power may proceed to abate the nuisance without notice.
(B) Where abatement of the nuisance requires continuing acts by the village authorities beyond the initial summary abatement and any other additional emergency abatements, it shall seek abatement of the nuisance on a permanent basis through judicial process as soon as reasonably possible.
(Ord. 11-02, passed 6-13-2011)
(A) Within 60 days after the costs and expenses are incurred by the village for abatement, the village may file a notice of lien in the office of the recorder of deeds of the county in which the property is located.
(B) The notice shall consist of a sworn statement setting out:
(1) A description of the real estate sufficient for identification thereof for purposes of recording;
(2) The amount of money representing the costs and expenses incurred or payable for the service; and
(3) The date or dates when the costs and expenses were incurred by the village.
(Ord. 11-02, passed 6-13-2011)
Upon payment of the costs and expenses by the owner or persons interested in the property to which a lien is attached, the lien shall be released by the village and, if notice of a lien has been filed, the village shall provide to the owner or interested party a release that may be filed of record; provided, however, no lien shall be released until the total costs and expenses, including the actual costs, interest of 5% per annum to accrue from the date of the filing of the lien in the Office of the Recorder of Deeds for the county in which the property is located until paid, attorneys’ fees, recording fees, filing fees, court costs, and other costs of administration and interest, are satisfied by payment in full.
(Ord. 11-02, passed 6-13-2011)
It shall be unlawful for any person to create, deposit, bury, throw, place or cause to be created, deposited, buried, thrown, or placed any nuisance within the corporate limits of the village.
(Ord. 11-02, passed 6-13-2011) Penalty, see § 92.99
Loading...