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§ 93.005 DUMPING GARBAGE UPON REAL PROPERTY.
   (A)   It is unlawful for a person to dump, deposit or place garbage, rubbish, trash or refuse upon real property not owned by that person without the consent of the owner or person in possession of the real property.
   (B)   A person who violates this section is liable to the owner or person in possession of the real property on which the garbage, rubbish, trash or refuse is dumped, deposited or placed for the reasonable costs incurred by the owner or person in possession for cleaning up and properly disposing of the garbage, rubbish, trash or refuse, and for reasonable attorneys fees.
   (C)   A person violating this section is guilty of a Class B misdemeanor. A second conviction or an offense committed after the first conviction is a Class A misdemeanor. A third is a Class 4 felony. Personal property used by a person in violation of this section shall on the third or subsequent conviction of the person be forfeited to the county where the violation occurred and disposed of at a public sale. Before the forfeiture, the court shall conduct a hearing to determine whether property is subject to forfeiture under this section. At the forfeiture hearing, the state has the burden of establishing by a preponderance of the evidence that property is subject to forfeiture under this section.
(1980 Code, § 93.005) (Res. 99-210, passed 5-20-1999) Penalty, see § 93.999
§ 93.006 UNPLUGGED WELL.
   (A)   The County Health Department regulates the covering or sealing of wells and cisterns with regulations detailed in Chapter 53 of this Code. These regulations are based on ILCS Ch. 415, Act 35, §§ 1 et seq., and ILCS Ch. 415, Act 30, §§ 1 et seq. incorporated herein by reference.
   (B)   It is a Class A misdemeanor for a person to permit a water well, located on property owned by him or her, to be in an unplugged condition at any time after the abandonment of the well for obtaining water.
   (C)   No well is in an unplugged condition, however, that is plugged in conformity with the rules and regulations of the Department of Natural Resources issued under ILCS Ch. 225, Act 725, §§ 1a et seq. This section does not apply to a well drilled or used for observation or any other purpose in connection with the development or operation of a gas storage project.
(1980 Code, § 93.006) (Res. 99-210, passed 5-20-1999) Penalty, see § 93.999
§ 93.007 ENFORCEMENT.
   (A)   The Administrator of the Building Code and the Zoning Code of the county is designated as the enforcing officer of this subchapter. The Health Authority of the county shall also enforce this subchapter insofar as health hazards are involved. The Sheriff’s office of the county shall enforce this subchapter insofar as the removal of any inoperable vehicle or parts thereof and insofar as abandoned vehicles are involved.
   (B)   The Sheriff’s office is authorized to remove any inoperable motor vehicle or parts thereof, after seven days from the issuance of the county notice stating that the person is to dispose of any inoperable motor vehicle or parts thereof under his or her control.
   (C)   Any authorized employees of these departments shall have the authority to issue removal notices to any person violating the provisions of this subchapter.
(1980 Code, § 93.008) (Res. 99-210, passed 5-20-1999)
§ 93.008 REMEDIES.
   (A)   The owner of any junk or other material or items declared to be a nuisance in § 93.004, or any person owning, leasing, occupying or having control of property on which a nuisance exists shall be issued a violation notice or non-traffic ticket by an authorized officer of the Building Code and Zoning Administration, Health Authority or Sheriff’s office and be given a reasonable time, but no less than 48 hours, to correct the violation.
   (B)   Furthermore, if the owner fails to correct the violation within 48 hours, the county, through its properly designated officers, shall have the right to secure a court order to enter on the property and correct the violation, and shall have a lien against the property for the reasonable cost of correction.
(1980 Code, § 93.009) (Res. 99-210, passed 5-20-1999)
§ 93.009 SEVERABILITY.
   If any provision of this chapter, or the application of the provision to any person or circumstance, is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to that end the provisions of this chapter are declared to be severable.
(1980 Code, § 93.010) (Res. 99-210, passed 5-20-1999)
NUISANCE FIRES
§ 93.020 AUTHORITY.
   This subchapter is enacted pursuant to authority given by ILCS Ch. 55, Act 5, § 5-1052.
(1980 Code, § 93.015) (Res 85-179, passed 12-19-1985; Ord. 99-210, passed 5-20-1999; Ord. 09-245, passed 8-20-2009)
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