A. Nuisance Declared: Any weeds, such as jimson, burdock, ragweed, thistle, cockleburr, or other weeds of a like kind, found growing in any lot or tract of land within the village are declared to be a nuisance, and it shall be unlawful to permit any such weeds to grow or remain in any such place.
B. Height; Grass And Weeds: It shall be unlawful and constitute a public nuisance for any person who owns or controls any real estate to permit grass or weeds, other than trees, bushes, flowers or other ornamental plants, to grow on such real estate or on the parkways contiguous to such real estate to a height of eight inches (8") or more. Any person who owns or controls any real estate where grass or weeds have grown to a height of eight inches (8") or more shall cut, trim or remove, or cause the grass or weeds to be cut, trimmed or removed, within ten (10) days after being notified to do so by a code enforcement officer of the village. Any person who owns or controls real estate which is contiguous to a parkway where grass or weeds have grown to a height of eight inches (8") or more shall cut, trim or remove, or cause the grass or weeds to be cut, trimmed or removed, within ten (10) days after being notified to do so by a code enforcement officer of the village.
C. Height; Underbrush, Bushes And Shrubs: It shall be unlawful and a nuisance for any person who owns or controls any real estate to permit the growth of underbrush to a height of thirty inches (30") or more or to allow shrubs and/or bushes to grow to a height which may constitute a safety or health nuisance, and the owner shall cut, trim or remove or cause the same to be cut, trimmed or removed within ten (10) days after being notified to do so by the director of community development or other code enforcement officer.
D. Neglected Bushes, Landscape Plantings And Trees: It shall be unlawful and constitute a public nuisance for any person who owns or controls any real estate to permit bushes, landscape plantings and trees to grow on such real estate or on the parkways contiguous to such real estate in a manner that overhangs or encroaches onto adjacent public property, or hinders motor vehicle or pedestrian travel on public rights of way or obstructs visual sightlines for drivers of motor vehicles or pedestrians using public rights of way or obstructs any intersection, pedestrian crosswalk, traffic control signage or devices or otherwise creates a health and safety hazard for the public. Any person who owns or controls any real estate where such a nuisance exists shall take action to have the nuisance removed within ten (10) days after being notified to do so by a code enforcement officer of the village.
E. Removal; Notice; Lien: If a person who owns or controls any real estate violates subsection A, B, C or D of this section and fails to remedy the violation within the ten (10) day period after receiving a corrective action notice from a code enforcement officer of the village, then the director of community development, or his/her designated representative, issuing the notice shall notify the director of municipal services or a contractor engaged by the village to remove the violation(s) existing at the real estate at the expense of the owner of such real estate. The owner of the real estate shall be obligated to reimburse the village for all costs associated with the removal of the violation(s) incurred by the village, including any preparation, delivery and disposal costs. If the owner of the real estate does not pay in full the removal costs incurred by the village within thirty (30) days after being billed, the village shall have a lien against the owner's real estate in an amount equal to the amount of the bill, which has not been paid. See 65 Illinois Compiled Statutes 5/11-20-7 and 11-20-15.
F. Abatement: If the person so served does not abate the nuisance within ten (10) days after such notice, the village manager, or his/her designated representative, shall proceed to abate such nuisance, keeping an account of the expense of the abatement, and such expense shall be charged to and paid by such owner. Charges incurred to abate the nuisances under this section shall be a lien upon the premises, as provided by statute. Whenever a bill for cutting bushes, grass, landscape plants or weeds remains unpaid for thirty (30) days after it has been rendered, the village manager, or his/her designated representative, shall file with the Cook County recorder of deeds a notice of lien claim. This lien claim shall contain the legal description of the premises served, the amount of the unpaid bill and a notice that the village claims a lien in this amount.
G. Lien: Notice of the lien claim for removal activities performed to abate the nuisances under this section shall be mailed by the village manager, or his/her designated representative, to the owner of the premises whenever such bill remains unpaid for a period of thirty (30) days after it has been rendered. The failure of the village manager, or his/her designated representative, to record such lien claim or to mail such notice or the failure of the owner to receive such notice shall not affect the right to foreclose the lien for unpaid bills for removal activities as provided herein. This lien upon the real estate is superior to all other liens and encumbrances, except tax liens and as otherwise provided by state law; provided that notice has been given as herein described, and further provided that within one year after such removal costs are incurred the village, or the person performing the service by authority of the village, in his/her or its own name, files notice of lien in the office of the recorder of deeds of Cook County. The notice shall consist of a sworn statement setting out: 1) a description of the real estate sufficient for identification thereof, including the identification of the real estate by common description; 2) a description of the removal activities; 3) the amount of money representing the removal costs; 4) the date (or dates) when such removal costs were incurred by the village; and 5) a statement that the lien has been filed pursuant to applicable provisions of this code and the provisions of 65 Illinois Compiled Statutes 5/11-20-7, 11-20-8(d), 11-20-12(d), 11-20-13(e), 11-20-15, 11-20-15.1 or 11-31-1.01, as applicable.
H. Service Of Notice: Prior to filing the lien, the following notice shall be personally served on, or sent by certified mail to, the person to whom the tax bill was sent for the general taxes on the real estate for the last preceding year. The notice shall be delivered or sent after the removal activities have been performed. The notice shall state: 1) the substance of 65 Illinois Compiled Statutes 5/11-20-15 and the substance of any ordinance implementing those laws; 2) identify the real estate at issue by common description; and 3) shall describe the removal activities. See 65 Illinois Compiled Statutes 5/11-20-7 and 11-20-15.
I. Abandoned Residential Real Estate; Removal; Lien: See process set forth in 65 Illinois Compiled Statutes 5/11-20-7 and 11-20-15.1.
J. Foreclosure Of Lien: See foreclosure process set forth in 65 Illinois Compiled Statutes 5/11-20-15(e) or 11-20-15.1(d).
K. Release Of Lien: Upon payment of the removal costs, the lien filing fees and the release filing fees, by the owner of or persons interested in such real estate after notice of lien has been filed, the lien shall be released by the village or by the person in whose name the lien has been filed and the release may be filed of record as in the case of filing a notice of lien. See 65 Illinois Compiled Statutes 5/11-20-15(h) or 11-20-15.1(e).
L. Incorporation Of Certain Provisions Of The Illinois Municipal Code: For purposes of implementing and enforcing the applicable provisions of the Illinois municipal code, as amended, that relate to property maintenance, removal of nuisances, and filing and enforcing liens for associated removal costs, the village incorporates by reference the following provisions and all updates and amendments: Division 2 (ordinances) of the Illinois municipal code 1 , including, but not limited to, sections 11-20-6, 11-20-7, 11-20-11, 11-20-12, 11-20-15 and 11-20-15.1. Any conflict between this code and the incorporated provisions of the Illinois municipal code, as amended, shall be resolved by following the state law provisions.
M. Violation; Fine And Penalty: Any person who violates any of the provisions of this section shall be subject to a fine of not more than seven hundred fifty dollars ($750.00) for each violation for each day that the violation continues unabated after receipt of a village notice advising of the violation, and each day after such notice that the violation continues shall be deemed a separate offense subject to a separate penalty. Such a fine shall be in addition to any other fee or charge authorized pursuant to the terms of this code. (Ord. 15-2803, 5-18-2015)
Notes
| 1 | 1. 65 ILCS 5/1-2-1 et seq. |