A. Public Nuisance, Declaration: It is hereby declared that every condition in and along any watercourse within the village, whether natural or artificial, that slows or otherwise impedes the free flow of water of any part of the watercourse or by blocking or retarding any part of the flow in any part of the watercourse, or reduces the capacity of the watercourse by reducing the depth of the watercourse at any point is a public nuisance.
B. Definitions:
OWNER: Any person holding title to, occupying or making use of any property within the village limits, or the agent or manager of such person, or the taxpayer listed for the immediately preceding year.
PERSON: Any natural or artificial personality, including, without limitation, individuals, partnerships, corporations, associations, and governmental bodies regardless of kind and character.
PUBLIC NUISANCE: Any condition enumerated in subsection A of this section.
WATERCOURSE: Any route that would carry substantial water at a time of high precipitation and runoff, and includes, without limitation, those courses commonly referred to as creeks, streams, channels, waterways and rivers, whether of natural origin, artificial origin, or the result of channelization or the relocation of a natural or artificial watercourse.
C. Violation: It shall be unlawful for any owner of land to permit vegetation (including leaves, branches, roots, and other ramifications of plants, trees and shrubs) to grow within or protrude into a watercourse or the water flowing therein, or to allow the accumulation of silt, refuse, junk, or debris within the watercourse on his property.
D. Notice Of Violation; Right To Inspect: The village, through its authorized officers and employees, shall have the right to enter upon and inspect land on which watercourses exist and to issue notice of violation on owners of land on which the nuisance exists, ordering the abatement of such nuisance, and it shall be the duty of the owner to comply with said notice.
E. Service Of Notice: The village manager, any village code enforcement officer or sworn police officer shall have the authority to serve a notice of violation upon the owner of the property, advising such person of the violation and ordering that the nuisance be corrected or abated. Such notice shall be personally served upon the owner or, if after due diligence the owner cannot be located, shall be served by registered mail upon the legal titleholder or taxpayer of record.
F. Failure To Comply; Legal Action: Failure of an owner to comply with a notice of violation within a period of thirty (30) days after service of notice shall authorize the village at its election to take legal action to compel the owner, at the owner's cost, to abate the nuisance; and in addition, the village may instruct the village attorney to file an action in any court of competent jurisdiction to enjoin any conduct prohibited hereunder and for other injunctive relief, including reimbursement of reasonable attorney fees to the village, in order to restrain, correct, or abate the nuisance.
G. Penalty Provision: Any owner found guilty of violating these provisions shall be subject to a fine of not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) each day that the violation continues and each day that the violation continues shall be deemed a separate offense subject to a separate penalty.
H. Relation To Flood Control Ordinance: This section shall not be considered to supersede or to conflict with title 10, chapter 11 of this code. (Ord. 98-2034, 4-27-1998)