A. Generally:
1. Notice To Abate: It is hereby made the duty of the village chief of police or his designee to serve a notice in writing upon the owner, agent, occupant or person in possession, charge or control of any lot, building or premises in or upon which any nuisance may be found requiring him to abate the same within a time specified in such manner as the chief of police or his designee shall prescribe. It shall not be necessary in any case to specify in what manner the nuisance shall be abated.
2. Failure To Abate; Summary Abatement: If the person so notified shall refuse or neglect to comply with such order within the time and manner specified, the chief of police or his designee shall cause the summary abatement of such nuisance at the expense of the person responsible for the same.
B. Abatement Of Inoperable Motor Vehicles: With regard to the nuisance posed by inoperable motor vehicles on public or private property and in view of the general public, abatement procedures shall conform with the provisions of section 11-40-3 of the Illinois municipal code 1 , as follows:
1. Definition: An "inoperable motor vehicle" is defined as any motor vehicle from which, for a period of at least seven (7) days, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power. "Inoperable motor vehicle" shall not include a motor vehicle capable of being driven under its own motor power in order to perform ordinary service or repair operations; or any motor vehicle that is kept within a building when not in use; or to an operable historic vehicle twenty five (25) years of age; or to a motor vehicle on the premises of a place of business engaged in the wrecking or junking of motor vehicles.
2. Removal By Village: The chief of police or his designee may remove, after seven (7) days from the issuance of a written notice, any inoperable motor vehicle or parts thereof.
C. Costs Of Abatement: Following the village sponsored cutting of weeds or the abatement of "nuisances" as defined by this chapter, the village attorney or his designee shall: (1999 Code § 18.03)
1. Within thirty (30) days of the date that said abatement occurred, send a bill which shall reflect the actual cost of abating the nuisance plus a fine in the amount of fifty dollars ($50.00) with a minimum billing of no less than one hundred fifty dollars ($150.00), to the property owner, his agent, legal representative, or occupant in legal possession or control of the premises, or in the case of inoperable vehicles, the person named on the certificate of title. If said bill is not paid within sixty (60) days of the date of said bill, the village attorney or his designee may bring suit to collect the amount due or may prepare and record a notice of lien in the amount of the actual costs of abating the nuisance plus a fine in the amount of fifty dollars ($50.00) with a minimum billing of no less than one hundred fifty dollars ($150.00) in conformance with 65 Illinois Compiled Statutes 5/11-20-6 and 5/11-20-7; (Ord. 2015-12, 10-13-2015)
2. Within thirty (30) days of the date that said village sponsored abatement is completed, send a bill for the cost of the abatement, any failure to comply penalty(ies) associated with said abatement, and an additional penalty in the amount of one hundred fifty dollars ($150.00) to the property owner, his agent, legal representative or occupant in legal possession or control of the premises. If said bill is paid in full within thirty (30) days of the date of said bill, the additional penalty of one hundred fifty dollars ($150.00) shall be reduced to seventy five dollars ($75.00); or
3. Within sixty (60) days after the date of a weed, vehicle or notice abatement, prepare and record a notice of lien in the amount of the cost, expenses incurred and all applicable fines or penalties associated with said abatement in conformance with 65 Illinois Compiled Statutes 5/11-20-6 and 5/11-20-7. (1999 Code § 18.03)
Notes
| 1 | 1. 65 ILCS 5/11-40-3. |