TITLE 4
PUBLIC HEALTH AND SAFETY
CHAPTER 1
WEED CONTROL
SECTION:
4-1-1: Weeds And Turf Grass; Nuisance Declared
4-1-2: Duty To Cut Weeds And Grass
4-1-3: Weeds Cut By Village; Costs
4-1-4: Warning; Penalty
4-1-1: WEEDS AND TURF GRASS; NUISANCE DECLARED:
The growth of the following vegetation is hereby declared to be a nuisance and to be against the health, peace and comfort of the Village for any person within the corporate limits of the Village:
   A.   All weeds declared to be noxious in the Village of Winfield's Property Maintenance Code;
   B.   All other weeds and/or turf grass which is permitted to grow to a height greater than eight inches (8"): 1) within two hundred feet (200') of any building used for residential purposes; 2) within any public right-of-way immediately adjacent to privately owned property; 3) within five feet (5') of any public right-of-way;
   C.   For the purpose of this chapter, the term "weeds" shall include noxious weeds and turf grass in excess of the permitted height. (Ord. 2006-5-17, 5-18-2006)
4-1-2: DUTY TO CUT WEEDS AND GRASS:
All such weeds and/or turf grass shall be cut by the owner or owners of such real estate at any time that the prohibited weeds or turf grass grow to a height in excess of the permitted height. The property owner shall cut or cause the same to be cut within five (5) days after being notified to do so by the Village. The failure to cut such weeds and/or turf grass within the designated periods shall constitute a violation of this chapter. (Ord. 2006-5-17, 5-18-2006)
4-1-3: WEEDS CUT BY VILLAGE; COSTS:
   A.   Village To Cut Weeds; Costs To Owner: When the owner or owners of such real estate refuse or neglect to cut such weeds as required by section 4-1-2 of this chapter, the Chief of Police shall cause said weeds to be cut, and the owner or owners of such real estate shall pay to the Village Collector the reasonable costs of such cutting.
   B.   Weed Cutting Lien: The cost to the Village of such cutting is a lien upon the real estate affected, superior to all other liens and encumbrances, except tax liens; provided, that within sixty (60) days after said cost and expense is incurred, the Village Clerk, or person performing the service by authority of the Village, in his or its own name, shall file notice of lien in the Office of the Recorder of Deeds of DuPage County. The notice shall consist of a sworn statement setting out: 1) a description of the real estate sufficient for identification thereof, 2) the amount of money representing the cost and expense incurred or payable for the service, and 3) the date or dates when said cost and expense was incurred by the Village. However, the lien of the Village shall not be valid as to any purchaser whose rights in and to said real estate have arisen subsequent to the weed cutting and prior to the filing of such notice, and the lien of the Village shall not be valid as to any mortgagee, judgment creditor or other lienor whose rights in and to said real estate have arisen prior to the filing of such notice.
   C.   Payment Of Costs And Expenses; Release Of Lien: Upon payment of the cost and expense by the owner of or persons interested in said property after notice of lien has been filed, the lien shall be released by the Village or person in whose name the lien has been filed and the release may be filed of record as in the case of filing notice of lien. (Ord. 250, 3-9-1961)
4-1-4: WARNING; PENALTY:
   A.   Warning: The Village of Winfield will provide one warning notice on an annual basis for a violation of this chapter before issuing a citation in accordance with the penalty provision set forth in subsection B of this section. (Ord. 2012-08-24, 8-2-2012)
   B.   Penalty: Any person violating the provisions of this chapter shall be subject to a fine as provided in sections 13-1-3 and 13-1-4 of this Code. (Ord. 2019-02-01, 2-7-2019)